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#B&9 o/o OL,9.2OLL present: Mr. N.P. Sahni, Sr.Standing Counsel for the appellant/Revenue.
Mr. Ajay Vohra, Advocate with Ms Kavita Jha and Mr. Somnath
Shukla, Advocates for the respondent/assessee.
+tTA 99r./20L1 & ITA 992/20L1
The only question that arises for consideration in these two appeals
'1+=as to whether the Income Tax Appellate Tribunal was correct in law in deleting the additions made by the Assessing Officer on account of provisions for warranties. Mr. Sahni accepts the position that other questions are wrongly stated which do not arise in these appeals. The
.provision ior warranty was made by the assessee against the possible claims which may be received by the assessee from the buyers of the vehicles under the warranty provision. It is held by this Court in its
I decision dated 24th Janu ary, 20II in ITA 115412009 in Commissioner of
Igcome las Vs. Whirpool India Ltd. that such a warranty provision created in the aforespid manner is allowable as deduction. While taking lf1" aforesaid view, this Court had relied upon the
Mr. Ajay Vohra, Advocate with Ms Kavita Jha and Mr. Somnath
Shukla, Advocates for the respondent/assessee.
+tTA 99r./20L1 & ITA 992/20L1
The only question that arises for consideration in these two appeals
'1+=as to whether the Income Tax Appellate Tribunal was correct in law in deleting the additions made by the Assessing Officer on account of provisions for warranties. Mr. Sahni accepts the position that other questions are wrongly stated which do not arise in these appeals. The
.provision ior warranty was made by the assessee against the possible claims which may be received by the assessee from the buyers of the vehicles under the warranty provision. It is held by this Court in its
I decision dated 24th Janu ary, 20II in ITA 115412009 in Commissioner of
Igcome las Vs. Whirpool India Ltd. that such a warranty provision created in the aforespid manner is allowable as deduction. While taking lf1" aforesaid view, this Court had relied upon the
JUDGMENT
of the
Supreme Court in the case of Rotork Controls lndia P' Ltd' Vs' CIT'
314 lrR 62, 2011:DHC:14578-DB
?
I.-+
/M,Ld
. 'A.K. slKRl,f, L
?
INDERMEET KAUR,J.
We rhay also hote that for subsequent years this claim has been allowed by the Revenue itself. On the ground of consist"n.y also such claim was allowable.
We are, therefbre of the opinion that no question of law arises on this aspect. These appeals are accordingly dismissed.
SEPTEMBER OI., 2O"I.1 gkb f, 2011:DHC:14578-DB
314 lrR 62, 2011:DHC:14578-DB
?
I.-+
/M,Ld
. 'A.K. slKRl,f, L
?
INDERMEET KAUR,J.
We rhay also hote that for subsequent years this claim has been allowed by the Revenue itself. On the ground of consist"n.y also such claim was allowable.
We are, therefbre of the opinion that no question of law arises on this aspect. These appeals are accordingly dismissed.
SEPTEMBER OI., 2O"I.1 gkb f, 2011:DHC:14578-DB