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2018 (10) TMI 416 - AT - Income TaxDeferment of income - Denial of deduction on Provision for warranty - whether the methodology of the assessee-company for computation of provision for warranty is ad hoc and not consonance with parameters laid down by the Hon ble Supreme Court in the case of Rotork Controls India (P) Ltd. 2009 (5) TMI 16 - SUPREME COURT OF INDIA or not? - Held that - In the present case there was no system of reversal of provision created earlier and the percentage of sales adopted for computation of provision for warranty expenditure goes on increasing from year to year, thereby resulting in accumulation of provision for warranty expenditure. In the light of above factual situation, we are of the considered opinion that the assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess provision cannot be allowed as a deduction. Therefore, in our considered opinion, the provision made for warranty cannot be said to be reliable. The AO, as confirmed by the ld.CIT(A) had rightly restricted the amount of allowable provision for warranty at the rate of 2.14% of sales. Therefore, we do not find any fallacy in the reasoning of the order of the ld.CIT(A). Accordingly, the grounds of appeal of the assessee are dismissed.
Issues Involved:
1. Denial of deduction - Provision for warranty. 2. Provision for warranty allowed as deduction only to the extent of 2.14% of sales. 3. Facts of the Appellant and findings of the learned CIT(A) and learned AO. 4. Alternative claim for actual utilization of warranty provision. Detailed Analysis: 1. Denial of Deduction - Provision for Warranty: The assessee challenged the denial of the deduction for the provision for warranty, arguing that the conditions laid down by the Supreme Court in the case of M/s Rotork Control India Private Limited (314 ITR 62) were satisfied. The assessee contended that the methodology followed for creating the provision was scientific and based on actual utilization, contrary to the findings of the CIT(A) and AO. The CIT(A) and AO concluded that the provision was not based on historical trend data and was therefore not reliable. The assessee also highlighted inconsistencies in the CIT(A)'s approach, noting that the same methodology was accepted in previous years. 2. Provision for Warranty Allowed as Deduction Only to the Extent of 2.14% of Sales: The AO disallowed ?82.56 crores of the provision for warranty, allowing only 2.14% of sales based on directions from the DRP for AY 2011-12. The CIT(A) confirmed this disallowance without providing a detailed analysis. The assessee argued that the CIT(A) failed to consider the reversal of the DRP's directions by the ITAT for AY 2011-12 and did not follow judicial discipline. The assessee also contended that limiting the provision to 2.14% of sales would prevent them from getting a deduction for the actual amount utilized. 3. Facts of the Appellant and Findings of the Learned CIT(A) and Learned AO: The assessee, a distributor of Apple products in India, maintained that the provision for warranty was based on global data managed by a specialized warranty team. The CIT(A) and AO failed to consider the impact of new product launches and the substantial increase in sales on the provision for warranty. The assessee argued that the CIT(A) misinterpreted the nature of the industry and the methodology followed for creating the provision. The CIT(A) and AO's analysis was criticized for being inconsistent and not taking into account the actual utilization and the nature of the business. 4. Alternative Claim for Actual Utilization of Warranty Provision: The assessee made an alternative claim for the actual utilization of ?85,31,18,651, which was higher than the allowed 2.14% of sales. The CIT(A) did not adjudicate this alternative plea. The assessee argued that the entire provision was created on a scientific basis and should be allowable under section 37(1) of the Act. Judgment Analysis: The Tribunal analyzed whether the methodology adopted by the assessee for computing the provision for warranty was scientific and based on historical data. The Tribunal noted that the AO and CIT(A) did not dispute the allowability of the provision in principle but questioned the reliability of the methodology. The Tribunal referred to the Supreme Court's guidelines in the case of Rotork Controls India (P) Ltd., which emphasized that the provision should be based on past experience and reassessed annually. The Tribunal found that the provision for warranty was increasing disproportionately to the turnover, indicating that the system was not robust. There was a significant difference between the provision made and the actual utilization, and no system of reassessment or reversal of excess provision was demonstrated. The Tribunal concluded that the methodology did not meet the parameters laid down by the Supreme Court and Accounting Standard 29. The Tribunal also distinguished the case from the Delhi High Court's decision in CIT vs. Ericssion Communications (P.) Ltd., noting that in the present case, there was no system of reversal of provision and the percentage of sales adopted for computation was increasing year by year. Therefore, the Tribunal upheld the AO and CIT(A)'s decision to restrict the provision for warranty to 2.14% of sales, dismissing the appeals for both assessment years 2013-14 and 2014-15. The Tribunal concluded that the assessee derived an advantage by deferring income through excess warranty provision, which could not be allowed as a deduction. Conclusion: The appeals filed by the assessee for the assessment years 2013-14 and 2014-15 were dismissed, with the Tribunal affirming the restriction of the provision for warranty to 2.14% of sales. The methodology adopted by the assessee was found to be unreliable and not in accordance with the Supreme Court's guidelines and Accounting Standard 29.
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