AO
invoked S.43B and disallowed assessee’s claim in respect of “Water connection
charges” paid to Surat Municipal Corporation” on the ground that liability to
pay the same had not crystallised during the year under consideration. Both the
lower appellate authorities allowed assessee’s claim after recording factual findings
that assessee had actually incurred the said expenditure. Liability in respect
of the same had been crystallized during the relevant year and hence, the same
cannot be termed as a contingent liability. Neither the contractee had
reimbursed the assessee nor had the contractee claimed such amount by way of
expenditure. The said view was upheld by the Hon’ble High Court also.
[BHAGWATI
CORPORATION - TAX APPEAL NO.932 of 2011 - GHC]
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