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        Deduction of prior period expenditure in the current year under Income Tax

        November 3, 2010

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        Recent Decision

        COMMISSIONER OF INCOME-TAX Versus EXXON MOBIL LUBRICANTS P. LTD [2010 -TMI - 78175 - DELHI HIGH COURT]

        Whether expenditure related to prior period are eligible for deduction during the current year?

        The answer is yes where liability was deter-mined and crystallized in the year in question.

         

        Relied upon Decisions:

        Nonsuch Tea Estates Limited Versus Commissioner of Income-Tax, Madras [2008 -TMI - 6434 - SUPREME Court]

        Saurashtra Cement And Chemical Industries Limited Versus Commissioner Of Income-Tax [2008 -TMI - 19446 - GUJARAT High Court]

        Additional Commissioner Of Income-Tax Versus Farasol Limited [2008 -TMI - 26220 - RAJASTHAN High Court]

         

        The following decision of Apex court has been distinguished:

        Bharat Earth Movers Versus Commissioner of Income-Tax [2008 -TMI - 5816 - SUPREME Court]

        Deductibility of prior-period expenditure confirmed where liability crystallizes, clarifying timing for income-tax deductions under law. Deductibility of prior-period expenditure depends on whether the liability is determined and crystallized in the current year; such expenditure is eligible for deduction when the obligation becomes fixed in that year, with the decision relying on supportive precedents and distinguishing a prior apex-court authority.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Deductibility of prior-period expenditure confirmed where liability crystallizes, clarifying timing for income-tax deductions under law.

                                Deductibility of prior-period expenditure depends on whether the liability is determined and crystallized in the current year; such expenditure is eligible for deduction when the obligation becomes fixed in that year, with the decision relying on supportive precedents and distinguishing a prior apex-court authority.





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                                ActsIncome Tax
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