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: