CIT v. Oberon Edifices & Estates (P.) Ltd. (2019) 267 taxman 118/311 CTR 815 / 184 DTR 56 (Ker.)(HC)

S. 37(1) : Business expenditure–Construction business– Expenditure incurred subsequent sale of building–Held to be allowable as revenue expenditure. [S. 145]

Dismissing the appeal of the revenue the Court held that; assessee  which is engaged  in the business of construction  and sale of residential and commercial building complexes expenditure for completing its construction during financial year subsequent to sale of building, such expenditure was liable for deduction. Court held that  in order to claim deduction of business expenditure, it is not necessary that amount has been actually paid or expended during relevant accounting year itself and it is sufficient that liability for payment had incurred or accrued during relevant accounting year and actual payment of amount or discharge of liability may occur in future. (AY. 2009-10)