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    <title>1961 (3) TMI 5 - Supreme Court</title>
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    <description>Sales tax paid under provisional assessment was treated as a lawful business expenditure because it discharged an existing statutory liability and reflected the assessee&#039;s established accounting practice. The test under rule 12 of Schedule I of the Excess Profits Tax Act is commercial expediency and the circumstances prevailing when payment is made, not later adjustments or the fact that the amount was ultimately found excessive. Payments made to avoid default consequences were therefore not unreasonable or unnecessary, and the deduction was allowed against the revenue.</description>
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      <title>1961 (3) TMI 5 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=49502</link>
      <description>Sales tax paid under provisional assessment was treated as a lawful business expenditure because it discharged an existing statutory liability and reflected the assessee&#039;s established accounting practice. The test under rule 12 of Schedule I of the Excess Profits Tax Act is commercial expediency and the circumstances prevailing when payment is made, not later adjustments or the fact that the amount was ultimately found excessive. Payments made to avoid default consequences were therefore not unreasonable or unnecessary, and the deduction was allowed against the revenue.</description>
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