Assessee-trust was established to increase access to and availability of micro-loans to eligible micro units and by providing guarantee cover to lenders (Banks/NBFCs/Financial Intermediaries) giving loans and advances without collaterals and/or third party guarantees to eligible Micro Units. Assessee charged Guarantee Fees from banks against guarantee cover. Assessee created provision for claim payout on basis of actuarial report furnished by an independent actuary. Assessing Officer disallowed claim of assessee on ground that assessee is following hybrid system of accounting. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that since provision for claim payout created during relevant previous year was an ascertained liability, Assessing Officer is directed to grant deduction for provision for claim payout created during relevant previous year. (AY. 2019-20)
Credit Guarantee Fund For Micro Units. v. NFAC DCIT (2025) 212 ITD 1 (Mum) (Trib.)
S.37(1): Business expenditure-Provision for claim payout on basis of actuarial report furnished by an independent actuary-Allowable as deduction. [S. 145]
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