TMI Blog2012 (1) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... P MADHAVI DEVI, JUDICIAL MEMBER : This appeal is filed by the Revenue. The appeal is directed against the order of the Commissioner of Income-tax (Appeals) I at Bangalore dated 13.1.2011. The appeal arises out of the assessment completed u/s 143(3) of the Income-tax Act, 1961. 2. In this appeal, the Revenue is aggrieved by the order of the CIT(A) in deleting the addition amounting to R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e contingent liability is not the normal rule and it would depend on the nature of the business, the nature of sales, the nature of product manufactured and sold and the scientific method of accounting adopted by the assessee and also upon the historical trend and upon the number of articles produced and that it was also held that a provision is a liability which can be measured only by using a su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rotork Controls (I) Pvt. Ltd cited (Supra). 5. The learned counsel for the assessee however placed reliance upon the order of the CIT(A) and also decision of the Tribunal in the assessee s own case for the assessment year 2003-04 and 2005-06, wherein the provision has been allowed. 6. Having heard both the parties and having considered the rival contentions, we find that this issue has reach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the CIT(A) s order, wherein the assessee has got relief. As we have already set aside the order of the CIT(A) to the file of the AO, this cross objection has become infructuous and needs no adjudication. 9. In the result, the appeal filed by the Revenue is allowed for statistical purposes and the cross objection filed by the assessee is dismissed. Order pronounced in the open court on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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