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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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        Case ID :

        Summary of ICDS - X - Porvisions,contingent liabilities and contingent assets - issued by CBDT

        April 11, 2015

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        Issued by CBDT under power under section 145(2) of Income Tax Act, 1961  vide notification no. 32/2015, dated 31-3-2015

        Purpose: Computation of Income under PGBP head and Income from Other sources head

        Applicability: All assessee following mercantile accounting system

        W.e.f. 01/04/2015 i.e. Assessment year 2016-17

        ICDS - X - Provisions, contingent liabilities and contingent assets

        S. No.

        Scope of ICDS

        Particulars

        X

        Provisions, contingent liabilities and contingent assets

        1. Scope - Deals with Provisions, contingent liabilities & contingent assets

        2. Out of scope - resulting from financial instruments & executor contracts, in Insurance business from contracts with policyholder and covered in any other ICDS

        3. Terms used - Provision: A liability which can be measured only by substantial degree of estimation, Liability: Present obligation from past events, resulting in an outflow, Obligating event: An obligation which have no realistic alternative to settlement, Executory contracts: In which neither part performed any its obligation or  not performed to equal extent , Present obligation: Based on the evidence available , its existence is reasonably certain.

        3.1 Contingent liability: a possible obligation from past events which confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within control of the person OR a present obligation from past events but not recognised because it is not reasonably certain that outflow will be required or  a reliable estimate of obligation cannot be made

        3.2 Contingent Assets: A possible assets from past events, the existence of which confirmed only by occurrence or non-occurrence of one or more uncertain future events not wholly within control of the person.

        4. Recognition of Provisions - a) Present obligation as a result of past events AND b) Reasonably certain of outflow obligation AND c) a reliable estimate of obligation can be made. All 3 conditions need to be met. No provision for cost need to be incurred to operate in future. Only on enactment of legislation obligation arises.

        5. Recognition of Contingent Liabilities - No recognition.

        6. Recognition of Contingent Assets - No recognition, on reasonable certain that inflow of economic benefit will arise, assets and related income will be recognised.

        7. Measurement - Amount recognised as a provision shall be best estimate of the expenditure. Provision shall not be discounted to its present value, Amount recognised as asset and related income shall be best estimate of value of economic benefits. Amount and related income shall not to be discounted.

         

         

        8. Reimbursement - In case of some expenditure expected to be reimbursed by another party, they will be recognised when its reasonably certain that it will received but it will be limited to the value of provision.

         

         

        9. In case of jointly and severally liable obligation, it will be treated contingent liability to the extent that is expected to be settled by other parties.

         

         

        10. Review - At the end of each previous year, adjust to reflect the current best estimate. In case of no reasonably certain that outflow will arise, provision OR an asset and related income need to be reversed.

         

         

        11. Use of Provisions - Only for those expenditures for which provision was originally recognised.

         

         

        12. Disclosures - In respect of each class of provision  - Brief description of the nature of obligation, carrying amount , additional provisions made during the year , amount used that is incurred and charged during the year , unused amount reversed , amount of any expected reimbursement with amount of asset recognised for that reimbursement

        In respect of each class of asset and related income - Brief description of the nature of obligation, carrying amount, additional amount of asset and related income recognised during the year including increase to assets and related income already recognised, Amount of asset and related income reversed during the year.

         
        Provision recognition criteria for tax purposes clarified; contingent liabilities not recognised while contingent assets recognised when inflow is reasonably certain. ICDS X sets tax accounting rules for provisions, contingent liabilities and contingent assets. Provisions require a present obligation from past events, reasonable certainty of outflow, and a reliable estimate; contingent liabilities are not recognised; contingent assets are recognised only when inflow of economic benefit is reasonably certain. Measurement must reflect the best estimate and not be discounted; reimbursements are recognised when reasonably certain and limited to the provision's value. Year end reviews mandate adjustments or reversals as necessary, use of provisions is restricted to original purposes, and specific disclosures are required for each class of provision and recognised assets and related income.
                          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.

                                Provision recognition criteria for tax purposes clarified; contingent liabilities not recognised while contingent assets recognised when inflow is reasonably certain.

                                ICDS X sets tax accounting rules for provisions, contingent liabilities and contingent assets. Provisions require a present obligation from past events, reasonable certainty of outflow, and a reliable estimate; contingent liabilities are not recognised; contingent assets are recognised only when inflow of economic benefit is reasonably certain. Measurement must reflect the best estimate and not be discounted; reimbursements are recognised when reasonably certain and limited to the provision's value. Year end reviews mandate adjustments or reversals as necessary, use of provisions is restricted to original purposes, and specific disclosures are required for each class of provision and recognised assets and related income.





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