2011 (6) TMI 965 - AT - Income Tax

Summary

Issues involved:
The judgment involves the following Issues:
1. Allowance of warranty expenses disallowed by the Assessing Officer.
2. Deletion of disallowance of liquidated damages.

Issue 1: Allowance of warranty expenses:
The appellant, a joint venture company, filed a return of income for A.Y. 2006-07, which was processed u/s 143(3) of the Income-tax Act 1961. The CIT(A) allowed a portion of warranty expenses disallowed by the Assessing Officer. The Tribunal found that the issue was covered by a previous decision in the assessee's own case, where the Hon'ble Supreme Court held that a provision made for warranty based on past experience is an allowable deduction u/s 37(1) of the Act. The Tribunal remanded the issue back to the Assessing Officer for further examination based on the principles laid down by the Supreme Court.

Issue 2: Deletion of disallowance of liquidated damages:
The second ground of appeal related to the deletion of disallowance of liquidated damages. The Tribunal, based on a previous decision in the assessee's own case, held that the expenditure in question did not result from a breach of law justifying disallowance u/s 37(1) of the Act. The Tribunal affirmed the findings of the CIT(A) and decided the ground in favor of the assessee.

In conclusion, the appeal was partly allowed based on the above considerations.