TMI Blog2017 (4) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... it cannot be said that the learned ITAT has committed any error in deleting the disallowance made by the Assessing Officer. - Decided against revenue - TAX APPEAL No. 194 of 2017 - - - Dated:- 30-3-2017 - MR. M.R. SHAH AND MR. B.N. KARIA, JJ. FOR THE APPELLANT : Mrs MAUNA M BHATT, ADVOCATE ORAL ORDER (PER : HONOURABLE Mr. JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied by the impugned Order dated 8th September 2016 passed by the Income Tax Appellate Tribunal, Ahmedabad [ hereinafter referred to as, the Tribunal ] passed in I.T.A Nos. 86/Ahd/2008 2566/Ahd/2009 for A.Y 2005- 2006, the Revenue has preferred the present Tax Appeal with the following proposed question of law : Whether the Appellate Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rieved and dissatisfied with the order passed by the learned CIT [A] deleting the aforesaid disallowance made by the Assessing Officer, the Revenue preferred Appeal before the learned Tribunal. 4. By the impugned judgment and order, following the decision of the Hon'ble Supreme Court in the case of Rotork Controls India Private Limited v. Commissioner of Income-Tax , [2009] 314 ITR 62 [SC] and considering the reasons given by the learned CIT [A] made in para 4.2 to 4.5, the learned Tribunal has dismissed the said appeal preferred by the Revenue. 5. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 8th September 2016 passed by the learned Tribunal, the Revenue has preferred the present Tax Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned CIT [A] as well as learned Tribunal. 8. At the outset, it is required to be noted that in the present case, the Assessing Officer disallowed the provision for expected loss/defect liability amounting ₹ 2,37,99,162/= @ 1%, as mentioned in the agreements [executed between the assessee and other companies] on the ground that the same was not ascertained and it was contingent in nature. By giving cogent reasons in para 4.2 to 4.5, the learned CIT [A] has directed to delete disallowance made by the Assessing Officer. The same has been confirmed by the learned ITAT, relying upon a decision of the Apex Court in the case of Rotork Controls India Private Limited [Supra]. 9. Having heard learned counsel for the Revenue and more ..... X X X X Extracts X X X X X X X X Extracts X X X X
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