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2021 (2) TMI 1337

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..... et out in M/s. ROTORK CONTROLS INDIA PRIVATE LIMITED [ 2009 (5) TMI 16 - SUPREME COURT] and by not taking into account the facts enumerated by the assessing officer in the assessment order, from which it is evident that the assessee has done excessive provisioning for warranty for reducing the tax liability? - HELD THAT:- For the reasons assigned by us in the judgment passed today in I.T.A.No.103 .....

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..... ADV JUDGMENT This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment year 2011-12. The appeal was admitted by a bench of this Court vide order dated 08.01.2020 on the following substantial questions of law: (i) Whether, the Tribunal has c .....

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..... he judgment passed today in I.T.A.No.1034/2017, the first substantial question of law is answered against the revenue. 3. Learned Senior counsel for the assessee submitted that the second substantial question of law has been answered against the revenue in decision of the Supreme Court in Bharath Earth Movers vs. Commissioner of Income Tax', 245 ITR 278, the aforesaid submission could not b .....

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