AO disallowed the claim for provision on the ground that provision is merely contingent liability. Tribunal found that assessee had made provision in respect of work already done by contractor on basis of contract/prevalent rates and the amount which had been debited in profit and loss account, as provision for project expenses, had duly been credited in closing stock and thus, it had no impact on profit and also the assessee had deducted TDS on amount of provision made, hence, it could not be said that liability was a contingent liability. On appeal High Court affirmed the order of the Appellate Tribunal. (AY. 2011-12)
CIT v. Grace Colonizers (P.) Ltd. (2019) 261 Taxman 176 (Raj.)(HC)
S. 37(1) : Business expenditure–Provision for project expenses – TDS was also deduced – Held to be allowable. [S. 145]