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august 2000

Supreme Court of India · 2000-08-09

BHARAT EARTH MOVERS vs COMMR. OF INCOME TAX

Citation / case number
SC 1995/63224
Court
Supreme Court of India
Petitioner
BHARAT EARTH MOVERS
Respondent
COMMR. OF INCOME TAX
Bench
R.C.LAHOTI, N.S.HEGDE

Judgment text excerpt

The Supreme Court addressed the admissibility of deductions for provisions made for encashment of earned leave under Section 256(1) of the Income-tax Act, 1961. The Court held that the liability for encashment of leave is not contingent but a certainty, as employees have the right to either avail or encash their leave. The Court overturned the High Court's ruling that deemed such provisions as contingent liabilities, thereby allowing the deduction claimed by the appellant company for the assessment year 1978-1979.

BHARAT EARTH MOVERS vs COMMR. OF INCOME TAX · Niyam