CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84/ 328 CTR 676 (Bom.) (HC)

S. 37(1) : Business expenditure-Method of accounting-Incentive scheme announced to distributors and dealers-Liability arises upon announcement-Not a contingent-Ascertained liability-Allowable as deduction. [S. 145]

Dismissing the appeal of the revenue the Court held that the view expressed by the Tribunal that the moment the scheme was announced there arose a liability on the part of the assessee to meet the expenses on the foreign tour of those dealers and distributors who were eligible, having satisfied the condition vis-a-vis achievement of sales targets during the last three years was correct. There being a binding contract under which the assessee had undertaken to bear the liability in respect of the foreign travel expenses of the distributors and dealers under the scheme, the liability was not a contingent liability, but an ascertained or definite one or a liability in praesenti, solvendum in futuro. (AY.1996-97)