Held that IBNR and IBNER provisions created by the assessee, insurance company, in accordance with regulatory requirements of the Insurance Regulatory and Development Authority of India (IRDAI) are ascertained contingent liabilities and hence allowable deduction. Assessing Authority disallowed payment made by assessee to motor vehicle dealers, since Tribunal relying on factual findings rendered by Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that services had been rendered by automobile manufacturers, remitted matter to file of Assessing Officer, there was nothing untoward in order of remand and hence, conclusion of Tribunal in this regard was affirmed (AY. 2009-10, 2010-11, 2013-14, 2014-15)
Cholamandalam MS General Insurance Co. Ltd v. Dy.CIT [2025] 174 taxmann.com 603 / (2026) 487 ITR 670 (Mad)(HC)
S.37(1): Business expenditure-IBNR and IBNER provisions created by the assessee, insurance company, in accordance with regulatory requirements of the Insurance Regulatory and Development Authority of India (IRDAI) are ascertained contingent liabilities and hence allowable deduction-Services rendered-Matter remanded-Order of Tribunal affirmed. [S. 145]
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