Konecrances and Demag Private Limited, (Formerly Known as Konercranes Pvt.Ltd), Pune V. Deputy Commissioner of Income-tax, (ODS), Circle -3 (2), Mumbai

ITA 742/PUN/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4365 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 23-12-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 09-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Tax effect; Set aside
• Section: 143(3); 92CA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM . / ITA NO.742/PUN/2019 / ASSESSMENT YEAR : 2010-11 KONECRANES AND DEMAG PRIVATE LIMITED, ....... / APPELLANT (FORMERLY KNOWN AS KONECRANES PRIVATE LIMITED), PLOT NO.D-16, MIDC, JEJURI, TALUKA PURANDAR, PUNE- 411026. PAN NO.AACCK9930E. / V/S. THE DY. COMMISSIONER OF INCOME TAX (OSD), CIRCLE 3(2), MUMBAI. / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI S.P. WALIMBE. / DATE OF HEARING : 28.05.2021 / DATE OF PRONOUNCEMENT : 28.05.2021 / ORDER PER INTURI RAMA RAO, AM: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 8, MUMBAI DATED 23 .04.2018 FOR THE ASSESSMENT YEAR 2010-11. 2. THE ASSESSEE RAISED THE FOLLOWING GROUNDS OF APPEAL : 1. THE LEARNED DY. COMMISSIONER OF INCOME TAX, CIR CLE (OSD), 3(2), MUMBAI HAS ERRED IN DISALLOWING THE CLAIM FOR PROVISION FO R WARRANTY FOR THE YEAR AMOUNTING TO RS.45,45,897/- AND THE LEARNED COMMISS IONER OF INCOME TAX (APPEALS) 8, MUMBAI ERRED IN CONFIRMING THE SAME. (TOTAL TAX EFFECT RS. NIL IN VIEW OF LOSS). 2. THE LEARNED DY. COMMISSIONER OF INCOME TAX, CIRCL E (OSD), 3(2), MUMBAI HAS ERRED IN MAKING DISALLOWANCE OF RS.45,45,897/- UNDE R THE PRETEXT OF PROVISION FOR WARRANTY CLAIM BEING A CONTINGENT LIABILITY AND THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 8, MUMBAI HAS ERRED IN CONFI RMING THE SAME. (TOTAL TAX EFFECT RS. NIL IN VIEW OF LOSS.) 2 3. THE ASSESSMENT ORDER UNDER SECTION 143(3) R.W.S. 92CA DATED 28.12.2016 PASSED BY THE ASSESSING OFFICER NEEDS TO BE CANCELL ED AND SET ASIDE. (TOTAL TAX EFFECT RS. NIL IN VIEW OF LOSS.) 3. THE BRIEF FACTS OF THE CASE ARE AS UNDER : THE APPELLANT IS A COMPANY INCORPORATED UNDER THE PROVIS IONS OF COMPANIES ACT, 1956. IT IS ENGAGED IN THE BUSINESS OF MAN UFACTURING / ASSEMBLING STANDARD DUTY CRANES, LIGHT LIFTING CRANES AND C ERTAIN HEAVY DUTY CRANES WITH SPAN / WEIGHT OF STEEL STRUCTURE. THE RETUR N OF INCOME FOR THE ASSESSMENT YEAR 2010-11 WAS FILED ON 30.09.2010 DISCLOSING LOSS OF RS.3,12,63,836/- AND THE SAME WAS REVISED ON 22.03.2012 A T A TOTAL LOSS OF RS.3,18,65,066/-. AGAINST THE SAID RETURN OF INCOME, THE ASS ESSMENT WAS COMPLETED BY THE ASSESSING OFFICER (AO) I.E., DY. COMMISSIONER OF INCOME TAX (OSD), CIRCLE-3(2), MUMBAI VIDE ORDER DATED 12.03.2014 PASSED UNDER SEC.143(3) R.W.S. 92CA OF THE INCOME TAX ACT, 1961 AT A LOS S OF RS.2,56,81,169/-. WHILE DOING SO, THE AO MADE DISALLOWANCE OF E XPENSES INCURRED ON INTERNET WEB AND OTHER IT COST AT RS.16,38,0 00/- AND PROVISIONS FOR WARRANTY CLAIMS AT RS.45,45,897/-. 4. BEING AGGRIEVED BY THE ABOVE DISALLOWANCES, AN APPEAL W AS PREFERRED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 8, MUMBAI, WHO VID E IMPUGNED ORDER DATED 23.04.2018 HAD DELETED THE ADDITION MADE O N ACCOUNT OF THE INTERNET EXPENDITURE AND IT COST. HOWEVER, CONFIRMED THE ADDITION ON ACCOUNT OF PROVISIONS FOR WARRANTY CLAIMS. 5. BEING AGGRIEVED WITH THE ORDER OF LD.CIT(A), THE APPELLANT IS BEFORE US IN THE PRESENT APPEAL. 6. WHEN THE APPEAL IS CALLED ON, NONE APPEARED ON BEHALF OF THE ASSESSEE . 7. ON THE OTHER HAND, LEARNED SR.DR HAD PLACED RELIANCE ON THE ORDER OF LOWER AUTHORITIES. 3 8. WE HAVE HEARD THE LEARNED SENIOR DEPARTMENTAL REPRES ENTATIVE AND PERUSED THE MATERIAL ON RECORD. THE ONLY ISSUE IN THE P RESENT APPEAL RELATED TO THE ALLOWABILITY OF PROVISION OF WARRANTY EXPENDITURE. O N PERUSAL OF THE ASSESSMENT ORDER, IT IS CLEAR THAT THE AO HAD CLEARLY DIS ALLOWED THE PROVISION FOR WARRANTY EXPENDITURE HOLDING IT TO BE CONTINGENT. ON APPEAL BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS), THE LD.CIT(A) HAD RIGHTLY TAKEN NOTE OF THE LEGAL POSITION GOVERNING THE ALLOWABILITY OF PROVISION FOR W ARRANTY EXPENDITURE AS LAID DOWN BY THE HONBLE SUPREME COURT IN THE CASE O F CIT VS. ROTORK CONTROLS INDIA LTD., REPORTED IN 314 ITR 62 (SC). HOWEVER, THE LD.CIT(A) WHILE APPLYING THE PARAMETERS LAID DOWN BY THE HON BLE SUPREME COURT IN THE SAID DECISION, HAD NOT CONSIDERED THE MOST R ELEVANT DATA AND INFORMATION I.E., TERMS AND CONDITIONS LAID DOWN IN THE WARRANT Y POLICY FOR THE COMPANY, WHAT IS THE PERCENTAGE OF ACTUAL CLAIMS MADE FOR WARRAN TY CLAIMS IN TERMS OF THE SALES ETC. THEREFORE, IN THE ABOVE CIRCUMSTA NCES, WE ARE OF THE CONSIDERED OPINION THAT THE MATTER SHOULD BE REMITTED BA CK TO THE FILE OF LD.CIT(A) FOR DENOVO CONSIDERATION WITH A DIRECTION TO DECIDE THE ISSUE ON HAND KEEPING IN VIEW WITH THE TERMS AND CONDITIONS OF THE WARRANTY POLICY AS WELL AS HISTORICAL DATA AS LAID DOWN BY THE HONBLE SUPREM E COURTS DECISION IN THE CASE OF ROTORK CONTROLS INDIA LTD. (SUPRA). ACCOR DINGLY, THE MATTER IS REMANDED BACK TO THE FILE OF LD.CIT(A). 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 28 TH DAY OF MAY, 2021. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 28 TH MAY, 2021. YAMINI 4 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) 8, MUMBAI. 4. THE PR.CIT-3, MUMBAI. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.