2018 (10) TMI 193

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....z. Contribution of Rs. 25,00,000/to Ranbaxy Community Health Care Society and contribution of Rs. 10,00,000/to Ranbaxy science foundation?" 2. To be heard with Tax Appeal No.853 of 2016. 3. We notice that the Revenue has proposed following additional questions : "(1) Whether in the facts and in circumstances of the case, the learned ITAT has erred in law and on facts in holding that pension provision made by the assessee on actuarial basis is an ascertained business liability ? (2) Whether in the facts and in circumstances of the case, the learned ITAT has erred in law and on facts in holding that expenditures on computers, vehicles etc., which have not been used for inhouse research facilities, is expenditure qualif....

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....ly in event of premature death of the employee the liability was ascertained through scientific method. The claim of deduction on the basis of provision made for future liability which is ascertainable and ascertained through scientific statistical data is well recognized through series of judgments. We do not see the Tribunal has therefore committed any error. Our attention was however drawn to the judgment of the Division Bench of the Calcutta High Court in case of Dishergarh Power Supply Co. Ltd., vs. Commissioner of Incometax, reported in (1992) 60 Taxman 224 (Cal.). It was however a case where the assessee had claimed deduction on payment of pension on actual basis as well as towards provision for future actuarial basis which the High ....