TMI Blog2013 (9) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer, who will examine the provision for warranty as claimed, including the actual warranty expenses incurred during the year and then determine and decide the quantum of the claim. - Income Tax Appeal Nos. 108/2012 & 109/2012 - - - Dated:- 21-8-2013 - Sanjiv Khanna And Sanjeev Sachdeva,JJ. For the Appellant : Dr. Rakesh Gupta, Ms. Rani Kiyala Mr. Rishabh Kapoor, Advocates. For the Respondent : Mr. Amol Sinha, Sr. Standing Counsel Mr. Rahul Kochar, Advocate. ORDER Sanjiv Khanna, J. (Oral): Having heard counsel for the parties, the following substantial question of law is framed:- Whether the Income Tax Appellate Tribunal was justified in disallowing actual warranty expenses of Rs.12,53,441/- and Rs.48,54, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty expenses debited to the profit and loss account were as under:- Particulars Amount in Rs. Opening balance as on 1.4.2004 31,35,150/- Add; Provision created during the year 48,54,522/- Less: Expenses charged off out of provision 27,31,167/- Closing balance as on 31.3.2005 52,58,505/- Warranty Expenses debited to P L A/c Actual warranty expenses 12,53,441/- Warranty provided during the year 48,54,522/- Amount debited to P L A/c 61,07,963/- 6. It is clear from the aforesaid chart that the assessee had incurred total expense of Rs.39,84,608/- (Rs.27,31,167/- + Rs.12,53,441/-). However, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in-depth and proper factual examination by the adjudicating authorities and were inclined to remand the matter to the tribunal to examine the said issue keeping in view the figures, charts etc. and after ascertaining the basis, period etc. However, learned counsel for the appellant submitted that the matter may be remanded to the Assessing Officer, as a detailed scrutiny of accounts and figures would be required. Learned counsel for the Revenue states that he has no objection. Tribunal has also remitted the question of computation to the Assessing Officer. 10. In view of the aforesaid position, we answer the question of law mentioned above partly in favour of the appellant-assessee but with an order of remand to the Assessing Officer, who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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