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TMI Blog2015 (4) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) TMI 16 - SUPREME COURT OF INDIA] wherein the assessee was engaged in the business of manufacture of valve actuators, which were sophisticated goods. The statistical data indicated that every year some of these were found defective. The valve actuator, being a sophisticated item, no customer was prepared to buy it without a warranty. Therefore, the warranty became an integral part of the sale p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the impugned order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench (hereinafter referred to as the Tribunal ) dated 28.04.2006 in ITA Nos. 762/Ahd/2001 for the Assessment Year 1997-98, the revenue has preferred the present Tax Appeal. 1.1 This appeal was admitted by this Court for consideration of the following substantial question of law: Whether the ITAT was right in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e revenue therefore preferred appeal before the Tribunal. The Tribunal confirmed the findings of CIT(A) and dismissed the appeal. Being aggrieved by the said order, the present appeal is preferred. 3. We have heard learned counsel for both the sides and perused the record of the case. The issue involved in this appeal is already concluded by a judgment of the Apex Court in the case of Rotork Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e therein had incurred a liability during the assessment year which was entitled to deduction u/s.37 of the Income-tax Act, 1961. 3.1 In Tax Appeal No. 966 of 2007 and allied matters, similar facts and question of law were raised and this Court vide judgement and order dated 26.11.2014 in the case of The Income Tax Officer, Baroda vs. Kevin Enterprise has already answered the question in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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