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2021 (1) TMI 6 - ITAT BANGALORERevision u/s 263 - A.O. did not make any enquiry with regard to assessee's claim towards “provision for warranty expenses”- HELD THAT:- AO has passed the order without making any enquiry on this issue and the same would render the order erroneous and in view of its tax implications, the same would cause prejudice to the interests of revenue. Before us, the Ld A.R submitted that the assessment order cannot be considered to be prejudicial to the interests of revenue as the claim of the assessee is supported by the decision rendered by Hon’ble Supreme Court in the case of Rotork Controls India (P) Ltd [2009 (5) TMI 16 - SUPREME COURT]. The fact remains that the AO has not made any enquiry with the regard to the impugned claim and hence Explanation 2 to sec.263(1) shall apply to the facts of the present case. There should not be any doubt that, unless the facts relating to the claim are examined, the question of application of the decision rendered by Hon’ble Supreme Court cannot be examined. No no infirmity in the revision order passed by Ld Pr. CIT. - Decided against assessee.
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