9911796707
TMI Blog2021 (6) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... rranty expenditure as laid down in the case of CIT Vs Rotork Controls India Ltd. [ 2009 (5) TMI 16 - SUPREME COURT] . CIT (A) while applying the parameters laid down by the Hon'ble Supreme Court in the said decision, had not considered the most relevant data and information i.e., terms and conditions laid down in the warranty policy for the company, what is the percentage of actual claims made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s directed against the order of the Id. Commissioner of Income Tax (Appeals)-8, Mumbai dated 23.04.2018 for the Assessment Year 2010-11. 2. The assessee raised the following grounds of appeal: 1. The learned Dy. Commissioner of Income Tax, Circle (OSD), 3(2), Mumbai has erred in disallowing the claim for provision for warranty for the year amounting to ₹ 45,45,897/- and the learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1956. It is engaged in the business of manufacturing/assembling standard duty cranes, light lifting cranes and certain heavy duty cranes with span/weight of steel structure. The return of income for the assessment year 2010-11 was filed on 30.09.2010 disclosing loss of ₹ 3,12,63,836/- and the same was revised on 22.03.2012 at a total loss of ₹ 3,18,65,066/-. Against the said return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of ld. CIT (A), the appellant is before us in the present appeal. 6. When the appeal is called on, none appeared on behalf of the assessee. 7. On the other hand, learned Sr. DR had placed reliance on the order of lower authorities. 8. We have heard the learned senior Departmental Representative and perused the material on record. The only issue in the present appeal related to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claims made for warranty claims in terms of the sales etc. Therefore, in the above circumstances, we are of the considered opinion that the matter should be remitted back to the file of ld. CIT (A) for denovo consideration with a direction to decide the issue on hand keeping in view with the terms and conditions of the warranty policy as well as historical data as laid down by the Hon'ble Supr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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