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Shree Digvijay Cement Co. Ltd.,, Sikka vs The Assistant Commissioner Of Income ... on 22 October, 2019

8.5 Now, turning to the present facts of the case, we find that liability raised by the MPT has been disputed by the assessee in the court of law which is pending as on date. We also note that the assessee has not made any payment towards such liability. Therefore in over considered view entire liability is contingent in nature and its outcome depends upon the event in future. However, we further note that the Hon'ble Gujarat High Court in the case of Navjivan Roller Flour & Pulse Mills Ltd. Vs. DCIT reported in 224 CTR 55 has allowed deduction for such kind of liability. The relevant extract of the judgment reads as under:
Income Tax Appellate Tribunal - Rajkot Cites 14 - Cited by 1 - Full Document

Ahmedabad Electricity Company Ltd.,, ... vs Department Of Income Tax

4. We have heard the rival contentions and gone through the facts and circumstances of the case. We have also perused the case records including the assessment order as well as the order of CIT(A). We have also considered the arguments of both the sides. We find that the Industrial Court has said the dispute at best vide order dated 15-04-2000 and this liability is not on estimate basis rather this is a quantified and ascertained liability in view of the decree of Industrial Dispute Court, similar view has been taken exactly on similar facts by Hon'ble jurisdictional High Court in the case of Navjivan Roller Flour And Pulse Mills Ltd. (supra). The Hon'ble High Court has held as under:-
Income Tax Appellate Tribunal - Ahmedabad Cites 3 - Cited by 0 - Full Document
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