Un-quantified and disputed ratable value as determined by Municipal Corporation can be termed as crystallised liability and can be claimed as deduction

CIT Vs DCM Limited (Delhi High Court)- Whether a mere proposal for enhancement of property tax would result in crystallisation of liability qua that portion of rate able value which was sought to be enhanced. There can be no dispute that liability does not cease to exist merely because the quantification of the liability is deferred. From the facts ascertainable from the records, it appears there is a dispute with regard to the quantification as reflected in the proposal for enhancement. Evidently at the stage, at which the proceedings were pivoted in the assessment year in issue, there was no demand raised by the municipal corporation. In these circumstances, the question of law has to be answered in the negative and against the assessee.

Commissioner of Income Tax Vs. M/s DCM Limited

Judgement delivered on: 11.07.2011

ITR No. 66/1995

Delhi High Court

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