Section 43B not applicable to provision for Mining Closure Fund

Gujarat Mineral Development Corporation Ltd Vs DCIT (ITAT Ahmedabad)

It is pertinent to note that the assessee company made provision in Mining Closure Fund as per the guidelines issued by the Ministry of Coal which is mandatory to each mining company. It is not disputed fact that the assessee made claim u/s 43B every year as and when the actual expenditure is made. The department in the past has accepted this position. The said provision is mandatory and the assessee has made the said provision in books of accounts followin

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