E. D. Sassoon And Company Ltd vs The Commissioner Of Income-Tax,Bombay ... on 14 May, 1954
On the record as it stands, it is apparently clear that the award made by the arbitrator has not yet been made a rule of the court, and no decree has been passed against the assessee in respect of the sum awarded. Thus, during the previous year there was no liability in praesenti for the amount in question. In the case of Indian Molasses Co. (P.) Ltd. v. CIT [1959] 37 ITR 66 (SC), their Lordships of the Supreme Court have held that before a liability can be claimed as a deduction, it must be an actual liability in praesenti, and no deduction can be made for a liability de futuro, as it is only contingent.