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The ACIT, Circle-8, Ahmedabad Versus M/s Zeppelin Mobile Systems India Ltd.

2016 (1) TMI 211 - ITAT AHMEDABAD

Disallowance of provisions for replacement & warranty charge u/s.37 - CIT(A) deleted the addition - Held that:- As decided in assessee's own case on similar issue [2015 (12) TMI 822 - ITAT AHMEDABAD ]hile deleting the addition ld.CIT(A) has accepted .....

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rovisions is consistent and is based on definite scientific method and that the provision of warranty made by the Assessee was not a contingent liability. Before us, Revenue could not controvert the finding of ld.CIT(A) and we therefore find no reaso .....

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Per Shri Kul Bharat, Judicial Member This appeal by the Revenue is directed against the order of the Ld.Commissioner of Income Tax(Appeals)-XIV, Ahmedabad ['CIT(A)' in short] dated 09/04/2012 pertaining to Assessment Year (AY) 2009-10. The Re .....

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for replacement & warranty charge u/s.37 of the Act. 2) On the facts and in the circumstances of the case, the Ld.Commissioner of Income-Tax (Appeals)-XIV, Ahmedabad ought to have upheld the order of the Assessing Officer. 3) It is therefore, pra .....

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ment and the assessment u/s.143(3) of the Income Tax Act,1961 (hereinafter referred to as "the Act") was framed vide order dated 29/04/2011, thereby the Assessing Officer (AO in short) disallowed a sum of ₹ 18 lacs claimed as provisio .....

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ssue in favour of the assessee. Aggrieved by the order of the ld.CIT(A), the Revenue is now in appeal before us. 3. At the time of hearing, none appeared on behalf of the respondentassessee. However, letter dated 25/9/2015 on behalf of the assessee S .....

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hvin Marfatia, CA. Under these facts, we find that letter dated 25/09/2015 on behalf of the assessee Shri Bhavin Marfatia is without any proper authorization. 4. We have heard the ld.Sr.DR and gone through the aforesaid letter dated 25/09/2015 on beh .....

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ch vide order dated 13/08/2015 had decided this issue in para-11 of its order as under:- "11. We have heard the rival submissions and perused the material on record. The issue in the present ground is with respect to allowability of provisions f .....

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