2018 (12) TMI 471 - HC - Income Tax

MAT computation - Tribunal deleting the disallowance of warranty provision made by AO while computing book profit Under section 115JB - Held that - Tribunal in the earlier judgment in a detailed consideration held that the warranty liability was ascertained liability and therefore, could not have been added while computing the assessee s book profit. In the process, the Tribunal referred to and relied upon the judgment of Supreme Court in case of Rotork Controls India Private Limited 2009 (5) TMI 16 - SUPREME COURT OF INDIA . The Tribunal also placed reliance on the decision of the Gujrat High Court in case of Inox Leisure Limited 2013 (2) TMI 353 - GUJARAT HIGH COURT and in case of H P Tourism Development Corporation Ltd. 2013 (6) TMI 97 - HIMACHAL PRADESH HIGH COURT If ascertained liabilities are there same cannot be added while computing alternate minimum tax. In the case under consideration, provisions made under the head gratuity, warranty and leave encashment are not contingent/unascertained and therefore same cannot be adjusted while computing book-profit u/s. 115JB - No question of law arises

Summary

Issues: Disallowance of warranty provision under Section 115JB of the Income Tax Act, 1961.

Analysis:
The judgment pertains to an appeal filed by the Revenue against the Income Tax Appellate Tribunal's decision dated July 31, 2015. The main issue revolves around the disallowance of warranty provision made by the Assessing Officer while computing the book profit under Section 115JB of the Income Tax Act, 1961. The Tribunal, in its judgment, relied on the decision concerning the same assessee for earlier assessment years. The Tribunal concluded that the warranty liability was an ascertained liability and therefore could not be added while computing the assessee's book profit. This decision was supported by references to the judgment of the Supreme Court in the case of Rotork Controls India Private Limited and decisions of various High Courts. The Tribunal emphasized that provisions made for meeting liabilities, other than ascertained liabilities, need to be included while computing book profit under Section 115JB. The Tribunal's earlier observation highlighted that provisions for warranty, gratuity, and leave encashment were not contingent or unascertained liabilities and therefore should not be adjusted while computing book profit under Section 115JB. The Tribunal's decision was in line with previous judgments and was based on a detailed consideration of the legal provisions and relevant case laws.

In conclusion, the judgment affirmed that the warranty provision was an ascertained liability and thus an allowable deduction. The Court dismissed the Tax Appeal, stating that no question of law arises from the Tribunal's decision. The judgment provides a comprehensive analysis of the legal principles involved in determining the treatment of warranty provisions under Section 115JB of the Income Tax Act, 1961.