2011 (7) TMI 1259 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of provision for warranty.
2. Disallowance of provision for obsolete and slow-moving inventory.
3. Deduction u/s 10A of the Income-tax Act.
4. Disallowance of software expenditure.
5. Deduction of telecommunication and freight expenses from export turnover for computation of deduction u/s 10A and 10B.

Summary:

1. Disallowance of Provision for Warranty:
The assessee, engaged in manufacturing low voltage electrical products, made a provision for warranty of Rs. 58,70,794/-. The Assessing Officer (AO) disallowed this provision, considering it a contingent liability, which was upheld by the Commissioner of Income-tax (Appeals) [CIT(A)]. The Tribunal, however, allowed the assessee's appeal, referencing the Supreme Court's decision in Bharat Earth Movers vs. CIT and Rotork Controls India (P) Ltd. vs. CIT, stating that a reliable estimate of an obligation is allowable.

2. Disallowance of Provision for Obsolete and Slow-Moving Inventory:
The AO disallowed the provision for obsolete and slow-moving inventory, considering it a contingent liability due to insufficient details. The CIT(A) confirmed this disallowance. The Tribunal remitted the issue back to the AO for reconsideration, allowing the assessee to present additional evidence to substantiate its claim.

3. Deduction u/s 10A of the Income-tax Act:
The AO reduced telecommunication expenses from the export turnover but retained them in the total turnover. The Tribunal, referencing the Chennai Special Bench decision in Sak Soft Ltd., directed the AO to reduce these expenses from the total turnover as well, thereby allowing the assessee's appeal.

4. Disallowance of Software Expenditure:
For the assessment year 2003-04, the AO allowed 1/3rd of the software expenditure, which was confirmed by the CIT(A). The Tribunal noted that the AO had already allowed 1/3rd of the expenses and found no further adjudication necessary for this ground.

5. Deduction of Telecommunication and Freight Expenses:
The Tribunal addressed two parts:
- Telecommunication charges: Following the Sak Soft Ltd. decision, the Tribunal allowed the reduction of telecommunication charges from the total turnover.
- Freight expenses: The Tribunal remitted the issue to the AO to verify if freight charges were included in both export and total turnover. If not included, they should not be reduced while computing the deduction u/s 10B.

Conclusion:
The appeals for the assessment years 2002-03, 2003-04, and 2004-05 were partly allowed, with specific directions for reconsideration and verification by the AO on certain issues. The Tribunal's order was pronounced on 15.7.2011.