Bharat Earth Movers v. CIT

245 ITR 428Supreme Court of India2000#52 most cited

What is Bharat Earth Movers v. CIT authority for?

A business liability that has definitely arisen in an accounting year is deductible even if it needs to be quantified and discharged later, as long as its incurring is certain and can be reasonably estimated.

901

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2006 to 2026.

Also referred to as

Bharat Earth Movers v CIT · 245 ITR 428 · ascertainable liability · unascertainable liability · accrued liability · provision for expenses · deduction · accounting year · future discharge

Also reported as

112 Taxmann 616 SCC 645162 CTR 325

Sections most often in play

Section 37(1)Section 143(3)Section 115JBSection 14ASection 40(a)(ia)Section 195Section 148Section 1961
Read the full judgment

Issues it is cited on

section 35dmercantile system of accountingenduring benefitintangible assetssection 40(a)(i)section 35revenue expenditurebook profitssection 37(1)section 115jbamalgamationsection 37

Judgments citing Bharat Earth Movers v. CIT

Lotus Labs P. Ltd., Mumbai vs. Dy CIT, Circle-4(1)(1), Banglore (Present Incharge Mumbai)

In the result, the appeal is allowed

ITA 1820/MUM/2020[2015-16]Status: DisposedITAT Mumbai26 Aug 2022AY 2015-16
Section 142Section 143(3)Section 37

…sed the material on record and duly considered the facts of the case in the light of the applicable legal position. 8. We may begin with reproducing the following observations made by Hon’ble Supreme Court in the case of Bharat Earth Movers Ltd Vs CIT [(2000) 245 ITR 428 (SC)]: 4. The law is settled: if a business liability has definitely arisen in the accounting year, the deduction should be allowed although the liability may have to be quantified and discharged at a future date. What should be certain is the incurring of the liability. It should also be capable of being estimated with reasonable certainty thoug…

Kumar Properties and Real Estate Pvt.Ltd, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 684/PUN/2018[2014-15]Status: DisposedITAT Pune25 Aug 2022AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.684/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Kumar Properties & Real Vs. Dcit, Circle-14, Pune. Estate Pvt. Ltd., 1St Floor, Kumar Capital, East Street, Camp, Pune-411001. Pan : Aaack7490H Appellant Respondent Assessee By : Shri Rajan R. Vora & Shri Rajendra Agiwal Revenue By : Shri Abhinay S. Kumbhar Date Of Hearing : 19.07.2022 Date Of Pronouncement : 25.08.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 7, Pune [‘The Cit(A)’] Dated 23.02.2018 For The Assessment Year 2014-15. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Engaged In The Business Of Promoter & Developer Of The Housing Project. The Return Of Income For The Assessment Year

For Appellant: Shri Rajan R. Vora &For Respondent: Shri Abhinay S. Kumbhar
Section 143(3)Section 14ASection 22

…the assessment year under consideration, then the deduction should be allowed, although the liability is discharged at future date. Reliance in this regard can be placed on the decision of the Hon’ble Apex Court in the case of 12 Bharat Earth Movers vs. CIT, 245 ITR 428 (SC). On going through the orders of the ld. CIT(A) as well as the Assessing Officer, we find that without examining the crystallization of liability for the expenditure, the Assessing Officer had made disallowance. This approach of the Assessing Officer cannot be upheld. Accordingly, we remit this matter back to the file of the Assessing Officer…

Edelweiss Financail Services Ltd, Mumbai vs. Dy CIT CC-1(1), Mumbai

In the result, appeal of the assessee for A

ITA 1328/MUM/2021[2014-15]Status: DisposedITAT Mumbai25 Aug 2022AY 2014-15
Section 10Section 115JSection 143(3)Section 14ASection 14A(2)Section 90

…are duly allowable; hence, the disallowance thereof made by the AO shall be deleted. 5.7. We also find that this manner of making provision for expenses has been duly approved by the Hon‟ble Supreme Court in the case of Bharat Earth Movers vs CIT reported in 245 ITR 428 (SC). It is also not in dispute that the assessee had duly reversed the said provision in A.Y.2014-15 and 2015-16 and had offered to tax as other income reflected in the profit and loss account of the assessee and hence taxing the very same provision for expenses in this year would result in double taxation. This practice has been consistently fo…

Edelweiss Financial Services Ltd., Mumbai vs. Dy CIT CC-1(1), Mumbai

In the result, appeal of the assessee for A

ITA 1283/MUM/2021[2012-13]Status: DisposedITAT Mumbai25 Aug 2022AY 2012-13
Section 10Section 115JSection 143(3)Section 14ASection 14A(2)Section 90

…are duly allowable; hence, the disallowance thereof made by the AO shall be deleted. 5.7. We also find that this manner of making provision for expenses has been duly approved by the Hon‟ble Supreme Court in the case of Bharat Earth Movers vs CIT reported in 245 ITR 428 (SC). It is also not in dispute that the assessee had duly reversed the said provision in A.Y.2014-15 and 2015-16 and had offered to tax as other income reflected in the profit and loss account of the assessee and hence taxing the very same provision for expenses in this year would result in double taxation. This practice has been consistently fo…

Edelweiss Finanacial Services Ltd., Mumbai vs. Dy CIT -CC-1(1), Mumbai

In the result, appeal of the assessee for A

ITA 1197/MUM/2021[2013-14]Status: DisposedITAT Mumbai25 Aug 2022AY 2013-14
Section 10Section 115JSection 143(3)Section 14ASection 14A(2)Section 90

…are duly allowable; hence, the disallowance thereof made by the AO shall be deleted. 5.7. We also find that this manner of making provision for expenses has been duly approved by the Hon‟ble Supreme Court in the case of Bharat Earth Movers vs CIT reported in 245 ITR 428 (SC). It is also not in dispute that the assessee had duly reversed the said provision in A.Y.2014-15 and 2015-16 and had offered to tax as other income reflected in the profit and loss account of the assessee and hence taxing the very same provision for expenses in this year would result in double taxation. This practice has been consistently fo…

M/S. Mrf Limited, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA

ITA 2634/CHNY/2019[2013-14]Status: DisposedITAT Chennai24 Aug 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)

…ability actually existing at the time, but putting aside of money which may become expenditure on happening of an event which IS not expenditure. The former is deductible but not the later. However, the Supreme Court in the case of Bharat Earth Movers V. CIT (245 ITR 428) held that if a business liability has definitely arisen in a financial year, the deduction should be allowed although the liability may have to be quantified and discharged at a future date. What should be certain is the incurring of the liability. It should also be capable of being estimated with reasonable certainty though actual quantificatio…

M/S. Mrf Limited, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA

ITA 2633/CHNY/2019[2012-13]Status: DisposedITAT Chennai24 Aug 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)

…ability actually existing at the time, but putting aside of money which may become expenditure on happening of an event which IS not expenditure. The former is deductible but not the later. However, the Supreme Court in the case of Bharat Earth Movers V. CIT (245 ITR 428) held that if a business liability has definitely arisen in a financial year, the deduction should be allowed although the liability may have to be quantified and discharged at a future date. What should be certain is the incurring of the liability. It should also be capable of being estimated with reasonable certainty though actual quantificatio…

M/S. Mrf Limited, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA

ITA 2632/CHNY/2019[2011-12]Status: DisposedITAT Chennai24 Aug 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 143(3)

…ability actually existing at the time, but putting aside of money which may become expenditure on happening of an event which IS not expenditure. The former is deductible but not the later. However, the Supreme Court in the case of Bharat Earth Movers V. CIT (245 ITR 428) held that if a business liability has definitely arisen in a financial year, the deduction should be allowed although the liability may have to be quantified and discharged at a future date. What should be certain is the incurring of the liability. It should also be capable of being estimated with reasonable certainty though actual quantificatio…

Assistant Commissioner of Income Tax Circle-2(3)(1), Mumbai vs. Tata Sons Limited, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 4323/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Ms. Aarti Vissanji a/wFor Respondent: Shri Tejinder Pal Singh
Section 143(2)Section 143(3)Section 250Section 92C

…on superannuation ought to be approved by the appropriate authority and in the absence of that the deduction was not admissible. We find on examination of the order of the Tribunal that its decision was based on Bharat Earth Movers v. CIT [2000] 112 Taxman 61/245 ITR 428 where the Supreme Court held that the liability was not a contingent liability. In M/s. Tata Sons Limited ITA No.4323/Mum./2017 and ITA No.4221/Mum./2017 that case, the Supreme Court was concerned with beneficiary schemes for encashment of leave of the assessee company Bharat Earth Movers. In this case a scheme for medical benefit post retirement…

Tata Sons Ltd., Mumbai vs. ACIT, Cir 2(3)(1), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 4221/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Ms. Aarti Vissanji a/wFor Respondent: Shri Tejinder Pal Singh
Section 143(2)Section 143(3)Section 250Section 92C

…on superannuation ought to be approved by the appropriate authority and in the absence of that the deduction was not admissible. We find on examination of the order of the Tribunal that its decision was based on Bharat Earth Movers v. CIT [2000] 112 Taxman 61/245 ITR 428 where the Supreme Court held that the liability was not a contingent liability. In M/s. Tata Sons Limited ITA No.4323/Mum./2017 and ITA No.4221/Mum./2017 that case, the Supreme Court was concerned with beneficiary schemes for encashment of leave of the assessee company Bharat Earth Movers. In this case a scheme for medical benefit post retirement…

DCIT, New Delhi vs. M/S Ntpc Ltd., New Delhi

ITA 156/DEL/2016[2011-12]Status: DisposedITAT Delhi05 Aug 2022AY 2011-12

Bench: Sh. A.D. Jaindr. B. R. R. Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Sh. Bhavnesh Kulsheshtha, CIT-DR
Section 80Section 80I

…there would have been a likelihood of the higher figure not being realized after tariff finalization. 21. There is authority, in the form of Supreme Court judgments in Shree Sajjan Mills Ltd v. CIT, (1985) 156 ITR 585, Bharat Earth Movers Ltd v. CIT, (2000) 245 ITR 428 and Metal Box Company of India Ltd v. Their Workmen, (1969) 73 ITR 53, that a provision made on a reasonable basis, it would be in the nature of an ascertained liability and that in a mercantile system of accounting, provision for liability ascertained during the course of the relevant accounting period, which is payable at a future is permissibl…

Dcir, New Delhi vs. M/S Ntpc Ltd., New Delhi

ITA 5704/DEL/2015[2007-08]Status: DisposedITAT Delhi05 Aug 2022AY 2007-08

Bench: Sh. A.D. Jaindr. B. R. R. Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Sh. Bhavnesh Kulsheshtha, CIT-DR
Section 80Section 80I

…there would have been a likelihood of the higher figure not being realized after tariff finalization. 21. There is authority, in the form of Supreme Court judgments in Shree Sajjan Mills Ltd v. CIT, (1985) 156 ITR 585, Bharat Earth Movers Ltd v. CIT, (2000) 245 ITR 428 and Metal Box Company of India Ltd v. Their Workmen, (1969) 73 ITR 53, that a provision made on a reasonable basis, it would be in the nature of an ascertained liability and that in a mercantile system of accounting, provision for liability ascertained during the course of the relevant accounting period, which is payable at a future is permissibl…

M/S Allen Career Institute, Jaipur vs. Income Tax Officer, Ward-2-1, Kota

In the result, the appeal of the assessee is partly allowed

ITA 617/JPR/2018[2013-14]Status: DisposedITAT Jaipur04 Aug 2022AY 2013-14
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 37(1)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 617/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2013-14 Allen Career Institute cuke The ITO Vs. CP-6, Indra Nagar Ward 2(1) Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktL…

Allen Career Institute, Jaipur vs. JCIT, Kota

In the result, the appeal of the assessee is partly allowed

ITA 246/JPR/2015[2010-11]Status: DisposedITAT Jaipur04 Aug 2022AY 2010-11
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 36(1)(iii)

…s to ITAT dated 1st February 2021 7.2 Cases cited by Revenue are completely distinguishable: See Annexure 2 to revised w/s to ITAT dated 1st February 2021. (The assessee in Annexure 2 has relied upon the cases of Bharat Earth Movers v/s CIT (2000) 162 CTR 325/245 ITR 428 (SC), CIT vs. Indian Transformers Ltd. (2004) 192 CTR 0216/270 ITR 0259 (KerHC), CIT vs. Vinitec Corporation (P) Ltd. (20005) 196 CTR 0369/ 278 ITR 0337 (DelHC), Calcutta Co. Ltd. v/s CIT (1959) 37 ITR 1 (SC), Metal Box Co. of India Ltd. v/s Their Workmen (1969) 73 ITR 53 (SC)). 36 ITA246/JP/2015 M/S. ALLEN CAREER INSTITUTE VS JCIT, RANGE-2, KOT…

M/S Nitesh vs. The Deputy Commissioner

In the result, the following:

ITA/210/2017HC Karnataka02 Aug 2022

Bench: P.S.DINESH KUMAR,M G UMA

Section 143(1)Section 234ASection 260

…these requirements are satisfied the liability is not a contingent one. The liability is in praesenti though it will be discharged at a future date. It does not make any difference if the 6 (2000) 245 ITR 428 (SC) (para 4) I.T.A No.210/2017 14 future date on which the liability shall have to be discharged is not certain." 14. The CIT(A), following the decision in CIT Vs. Asea Brown Boveri Ltd.7 and Madras…

Dy CIT CC 7(2), Mumbai vs. M/S Mumbai Nasik Expressway Ltd., Mumbai

In the result appeal by Revenue is dismissed

ITA 851/MUM/2020[2015-16]Status: DisposedITAT Mumbai02 Aug 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.849/मुं/2020 ("न.व. 2013-14) आअसं.850/मुं/2020 ("न.व. 2014-15) आअसं.851/मुं/2020 ("न.व. 2015-16) Dy. Commissioner Of Income Tax, Cc-7(2),Mumbai, Room No.655, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Mumbai Nasik Expressway Ltd. 803, 8Th Floor, A-Wing, One Bkc, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. Aaecm-3349-K . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Achal Sharma ""तवाद" "वारा/Respondent By : Shri Rakesh Joshi सुनवाई क" "त"थ/ Date Of Hearing : 04/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Achal SharmaFor Respondent: Shri Rakesh Joshi
Section 32(1)(i)Section 32(1)(ii)Section 37(1)

…e Act. However, in subsequent impugned assessment years the Assessing Officer rejected the claim. The assessee has created the provisions on scientific basis in line with Rotork Control India Pvt. Ltd. vs. CIT, 314 ITR 62 and Bharat Earth Movers Ltd. vs. CIT, 245 ITR 428. The issue is squarely covered by the decision rendered in the case of Kosi Bridge Infrastructure Co. Pvt. Ltd. in ITA No.581, 582 and 576/Mum/2020 for Assessment Year 2012-13, 2014-15 and 2015-16 decided on 08/10/2021 and also in the case of assessee’s sister concern M/s. Gorakhpur Infrastructure Co. 6 ITA NO.850/MUM/2020(A.Y.2014-15) ITA NO…

Dy CIT CC 7(2), Mumbai vs. M/S Mumbai Nasik Expressway Ltd., Mumbai

In the result appeal by Revenue is dismissed

ITA 850/MUM/2020[2014-15]Status: DisposedITAT Mumbai02 Aug 2022AY 2014-15

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.849/मुं/2020 ("न.व. 2013-14) आअसं.850/मुं/2020 ("न.व. 2014-15) आअसं.851/मुं/2020 ("न.व. 2015-16) Dy. Commissioner Of Income Tax, Cc-7(2),Mumbai, Room No.655, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Mumbai Nasik Expressway Ltd. 803, 8Th Floor, A-Wing, One Bkc, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. Aaecm-3349-K . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Achal Sharma ""तवाद" "वारा/Respondent By : Shri Rakesh Joshi सुनवाई क" "त"थ/ Date Of Hearing : 04/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Achal SharmaFor Respondent: Shri Rakesh Joshi
Section 32(1)(i)Section 32(1)(ii)Section 37(1)

…e Act. However, in subsequent impugned assessment years the Assessing Officer rejected the claim. The assessee has created the provisions on scientific basis in line with Rotork Control India Pvt. Ltd. vs. CIT, 314 ITR 62 and Bharat Earth Movers Ltd. vs. CIT, 245 ITR 428. The issue is squarely covered by the decision rendered in the case of Kosi Bridge Infrastructure Co. Pvt. Ltd. in ITA No.581, 582 and 576/Mum/2020 for Assessment Year 2012-13, 2014-15 and 2015-16 decided on 08/10/2021 and also in the case of assessee’s sister concern M/s. Gorakhpur Infrastructure Co. 6 ITA NO.850/MUM/2020(A.Y.2014-15) ITA NO…

Dy CIT CC 7(2), Mumbai vs. M/S Mumbai Nasik Expressway Ltd., Mumbai

In the result appeal by Revenue is dismissed

ITA 849/MUM/2020[2013-14]Status: DisposedITAT Mumbai02 Aug 2022AY 2013-14

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.849/मुं/2020 ("न.व. 2013-14) आअसं.850/मुं/2020 ("न.व. 2014-15) आअसं.851/मुं/2020 ("न.व. 2015-16) Dy. Commissioner Of Income Tax, Cc-7(2),Mumbai, Room No.655, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Mumbai Nasik Expressway Ltd. 803, 8Th Floor, A-Wing, One Bkc, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. Aaecm-3349-K . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Achal Sharma ""तवाद" "वारा/Respondent By : Shri Rakesh Joshi सुनवाई क" "त"थ/ Date Of Hearing : 04/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Achal SharmaFor Respondent: Shri Rakesh Joshi
Section 32(1)(i)Section 32(1)(ii)Section 37(1)

…e Act. However, in subsequent impugned assessment years the Assessing Officer rejected the claim. The assessee has created the provisions on scientific basis in line with Rotork Control India Pvt. Ltd. vs. CIT, 314 ITR 62 and Bharat Earth Movers Ltd. vs. CIT, 245 ITR 428. The issue is squarely covered by the decision rendered in the case of Kosi Bridge Infrastructure Co. Pvt. Ltd. in ITA No.581, 582 and 576/Mum/2020 for Assessment Year 2012-13, 2014-15 and 2015-16 decided on 08/10/2021 and also in the case of assessee’s sister concern M/s. Gorakhpur Infrastructure Co. 6 ITA NO.850/MUM/2020(A.Y.2014-15) ITA NO…

The Commissioner of Income Tax vs. M/S. Ntt Data Global Delivery

In the result questions No

ITA/251/2014HC Karnataka08 Jul 2022

Bench: P.S.DINESH KUMAR,C.M. POONACHA

Section 10ASection 115Section 115JSection 260

…in respect of a business liability which had arisen in that accounting year. Therefore, in our considered view, the finding recorded by the ITAT does not call for interference. 6 (2000) 245 ITR 428 (SC) I.T.A No.251 OF 2014 8 Re: Question No.6 14. Shri. Aravind submitted that the bad debt had been written off and therefore, the same must be added to the profit. 15. We have carefully perused t…

Kalyani Fordge Limitd, Pune vs. DCIT, Circle14, Pune

Appeal is dismissed in above terms

ITA 51/PUN/2020[2013-14]Status: DisposedITAT Pune28 Jun 2022AY 2013-14

Bench: Shri S. S. Godara & Shri Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.51/Pun/2020 िनधा"रण वष" / Assessment Year: 2013-14 Kalyani Fordge Limited, Vs. Dcit, Circle-14, Pune. Shangrilla Gardens, Koregaon Park, Pune- 411001. Pan : Aaack7311H Appellant Respondent Assessee By : Shri C. H. Naniwadekar Revenue By : Shri Arvind Desai Date Of Hearing : 13.06.2022 Date Of Pronouncement : 28.06.2022 आदेश / Order Per S. S. Godara, Jm: This Assessee’S Appeal For Assessment Year 2013-14 Arises Against The Cit(A)-9, Pune’S Order Dated 22.11.2019 Passed In Case No. Pn/Cit(A)-7- Trf. From/Cit(A)- 9 Trf. In/10470/17-18/147 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties. Case File Perused. 2. It Emerges At The Outset That The Hardly Any Need For Us To Delve Deeper In The Relevant Factual Matrix So Far As The Assessee’S Sole Substantive Grievance Claiming Deduction Of Provision Made For Out

For Appellant: Shri C. H. NaniwadekarFor Respondent: Shri Arvind Desai
Section 143(3)

…lled employee(s) which forms the impugned claim herein. It thus turns out to be an instance wherein this assessee chose to make the impugned provision followed by its deduction claim. Hon’ble apex court’s landmark decision in Bhart Earth Movers vs. CIT (2000) 245 ITR 428 (SC) has indeed settled the law regarding allowability of a provision made on estimation basis for a liability which is claimed as present and actually discharged in future. Their lordships however add a caveat that some material must exist in support of such an estimation. Mr. Naniwadekar could hardly takes us through any such supportive materia…