<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1949 (2) TMI 10 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=277447</link>
    <description>An insurance company&#039;s reserve for unexpired risks was analysed under Rule 2 of Schedule II of the Excess Profits Tax Act, 1940. The court explained that &quot;debt&quot; means a present liability, even if payable later, whereas a contingent claim is not a debt until the relevant contingency occurs. The unexpired risk reserve was treated as a temporary provision for possible future claims, not borrowed money or an existing debt, and it was also not an accruing liability because no enforceable liability existed during the contract&#039;s subsistence unless and until the contingency happened. The reserve was therefore not deductible in computing average capital employed.</description>
    <language>en-us</language>
    <pubDate>Tue, 22 Feb 1949 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 04 Dec 2018 14:46:37 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=545463" rel="self" type="application/rss+xml"/>
    <item>
      <title>1949 (2) TMI 10 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=277447</link>
      <description>An insurance company&#039;s reserve for unexpired risks was analysed under Rule 2 of Schedule II of the Excess Profits Tax Act, 1940. The court explained that &quot;debt&quot; means a present liability, even if payable later, whereas a contingent claim is not a debt until the relevant contingency occurs. The unexpired risk reserve was treated as a temporary provision for possible future claims, not borrowed money or an existing debt, and it was also not an accruing liability because no enforceable liability existed during the contract&#039;s subsistence unless and until the contingency happened. The reserve was therefore not deductible in computing average capital employed.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Tue, 22 Feb 1949 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=277447</guid>
    </item>
  </channel>
</rss>