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Associated Power Co. Ltd vs Commissioner Of Income-Tax on 28 November, 1995

Therefore, the assessed is having control and domain over the contingency reserve created according to the statute. After the amount was realised, the assessed was asked to create a contingency reserve, as against the facts arising in the present case where the assessed was directed to collect separately the amount for molasses storage fund, over which the assessed has no control or domain. Further, since it is not a provision for known or existing liabilities, the amount appropriated to the contingency reserve is not deductible as business expenditure according to the Supreme Court. For the foregoing reasons, we are of the opinion that the judgment of the Supreme Court rendered in Associated Power Co. Ltd. v. CIT , will not be applicable to the facts arising in this case.
Supreme Court of India Cites 14 - Cited by 65 - S P Bharucha - Full Document
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