DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI vs. SHIVALIK SOLID WASTE MANAGEMENT LTD, HIMACHAL PRADESH
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that provisions for pit covering and post-closure expenses are allowable expenditures. They followed the decisions of various coordinate benches of the ITAT on similar issues.
What were the facts?
The Assessing Officer disallowed provisions for pit covering and post-closure expenses, arguing they were not ascertained liabilities. The assessee contended these were future expenditures to be met from current income. The CIT(A) deleted the disallowance, relying on previous year's orders.
What were the issues?
Whether provisions for future expenses like pit covering and post-closure are allowable as deductions under Section 37(1) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
O R D E R
PER RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER:
This appeal has been filed by the Deputy Commissioner of Income Tax Central Circle– 6(3), Mumbai against the order of the Ld. CIT Appeal- 54 Mumbai and following grounds of appeal were raised: -
1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the disallowance of Rs.2,11,13,042/- in respect of provision for Pit covering expenditure made in the assessment order despite the fact
2. "Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the disallowance of Rs 2,80,32,480/- in respect of provision for Post closure expenditure made in the assessment order despite the fact that no such expenditure was incurred during the year and estimation is not ascertained liability?"
3. "Whether on the facts and in circumstances of the case and in law, the Ld. CIT(A) erred in allowing provision for pit covering expenses and provision for post closure expenses despite the fact that the assessee had not provided details of actual expenditure made in respect of provisions made during earlier years and hence could not establish basis of computation of provision?"
4. "Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the disallowance made by the Assessing Officer in the assessment order relying on the decision of his Ld. Predecessor vide order dated 05.05.2022 in the same case for A.Y 2015-16 & 2016- 17 despite the fact that Revenue had not accepted the decision of the Ld CIT(A) in the same case for A.Y 2015-16 & 2016-17 on merit but did not file appeal before Hon'ble' ITAT as the tax effect was lower than monetary limit as per CBDT Instruction No. 03/2018 dated 11.07.2018 and the case does not fall under exception clauses mentioned in Para 3 of the said circular and Para 10 of the Circular No. 3/2018
More judgments on Section 37(1)
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Smit Navnitlal Soni, Ahmedabad, Gujarat vs ITO Ward-5(3)(1), Ahmedabad, GujaratITA 1434/AHD/2026[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Shobha Sudamrao Tagad, Ahmednagar vs ITO WD-1, AhmednagarITA 311/PUN/2026[2023-24]Status: Disposed13 Oct 2026AY 2023-24
- Digjam Limited, Jamnagar vs The Principal Commissioner of Income Tax…ITA 349/RJT/2025[2021-22]Status: Disposed12 Oct 2026AY 2021-22
- Rajesh Maru, Mhow vs ITO-5(1), IndoreITA 839/IND/2025[2023-2024]Status: Disposed12 Oct 2026AY 2023-2024
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