Rotork Controls India Pvt. Ltd. v. CIT

314 ITR 62Supreme Court of India2009#69 most cited

What is Rotork Controls India Pvt. Ltd. v. CIT authority for?

A provision for expenses, such as warranty, is a deductible liability for income tax purposes if it constitutes a present obligation arising from past events, and a reliable estimate of the amount of obligation is possible.

739

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2009 to 2026.

Also referred to as

Rotork Controls India Pvt. Ltd. v. CIT · 314 ITR 62 · Section 37(1) · provision for warranty expenses · allowability of provision · definition of liability · present obligation · reliable estimate · mercantile system of accounting · revenue expenditure deduction

Issues it is cited on

Judgments citing Rotork Controls India Pvt. Ltd. v. CIT

Bangiya Gramin Vikash Bank, Murshidabad vs. CIT -14, Kolkata, Murshidabad

In the result the appeal by the assessee is partly allowed

ITA 877/KOL/2015[2010-2011]Status: DisposedITAT Kolkata12 May 2017AY 2010-2011

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A No. 877/Kol/2015 Assessment Year : 2010-11 Bangiya Gramin Vikash Bank -Vs.- C.I.T., Kol-14, Murshidabad Kolkata. [Pan : Aaalb 0462 D) (Respondent) (Appellant) For The Appellant : Shri Soumitra Choudhury, Advocate For The Respondent : Shri G.Mallikarjuna, Cit(Dr) Date Of Hearing : 04.05.2017. Date Of Pronouncement : 12.05.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 30.03.2015 Of Cit- Kol-14, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Act.).

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 142(1)Section 143(3)Section 263Section 43B

…d upheld by Supreme Court. That as the liability was an ascertained liability as per the wage revision which took place in the A. Y.2010-11 it should be allowed as per judgment of the Apex Court in the case of Rotork Contrals India {P} Ltd. Vs.CIT reported in 314 ITR 62 (SC) b) The assessee provided Rs. 1,30,00,000/- for meeting its liability of leave encashment of superannuation during the F. Y. 2009-10 and that out of the said amount Rs.49,86,186/- was paid out within 15th October, 2010 and the balance amount of Rs.72,64,923/- was paid within March, 2011, therefore, even if the amount of Rs. 72,64,923/- is dis…

Motilal Oswal Securities Ltd, Mumbai vs. ACIT Cen Cir E (Erstwhile ACIT CC 22, Mumbai

In the result, appeal of the Revenue is dismissed whereas appeal of the assessee is allowed in part, in terms indicated hereinabove

ITA 633/MUM/2015[2011-12]Status: DisposedITAT Mumbai31 Mar 2017AY 2011-12

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm M/S.Motilal Oswal Securities Vs. Acit Cc 3, Mumbai – 400 Ltd., Motilal Oswal Tower 020 Rahimtullah Sayani Road, Opposite Parel Ist Depot, Prabhadevi, Mumbai – 400 025 Pan/Gir No. Aaacd3654Q Appellant) .. Respondent) Acit- Cc-3(3), Mumbai - Vs. M/S.Motilal Oswal Securities 400020 Ltd., Motilal Oswal Tower Rahimtullah Sayani Road, Opposite Parel Ist Depot, Prabhadevi, Mumbai – 400 025 Pan/Gir No. Aaacd3654Q Appellant) .. Respondent) Assessee By Mr. Vijay Mehta Revenue By Mr. Saurabh Rai

Section 143(3)Section 14ASection 32Section 73

…ncome tax Act which is obligatory on part of the assessee to follow in order to compute the total income. f. The appellant relies on the following decisions ;- CIT v. Woodward Governor India P. Ltd. 312 ITR 254 (SC) Rotork Control India P. Ltd. vs. CIT (2009) 314 ITR 62 DCIT vs. Bank of Bahrain I.T.No. 4404 & 1883/Mum/2004. 9.3. The appellant further submitted that the said losses' has been incurred in the course of the business of trading in shares M/s. Motilal Oswal Securities Ltd., wherein it hedges position in the 'cash segment with that in the futures segment. Accordingly, these losses would also not be cons…

DCIT, New Delhi vs. M/S. Chemical Construction International Pvt. Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 3958/DEL/2011[2007-08]Status: DisposedITAT Delhi27 Mar 2017AY 2007-08

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2007-08 Vs. M/S. Dcit, Circle-3(1), New Delhi Chemical Construction International Pvt. Ltd., 205, Kushal Bazar, 32-33, Nehru Place, New Delhi Pan : Aaacc0292M (Appellant) (Respondent) Appellant By Sh. Anil Kumar Sharma, Sr.Dr Respondent By Sh. A.K. Chadha, Ca Date Of Hearing 28.02.2017 Date Of Pronouncement 27.03.2017 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 07/06/2011 Of Learned Commissioner Of Income-Tax (Appeals)-Iv (In Short “Cit-A”) For Assessment Year 2007-08, Raising Following Grounds: “1. On The Facts & Circumstances Of The Case, The Ld.Cit(A) Has Erred In Deleting Addition Of Rs.5614565/- On Account Of Contract Receipts, Ignoring The Fact That During The Assessment Proceedings The Assessee Company Failed To Justify Its Abnormally Low G. P. Rate Of 18.16% In Current Year From 28.9% Last Year. 2. On The Facts & Circumstances Of The Case, The Ld.Cit(A) Has Erred In Deleting Addition Of Rs.14591310/- On Account Of Payment Of Lurgi Life Science(Lls) Germany For Drawing Design Charges, Ignoring The Fact That Benefit Of Enduring Nature Was Drawn By The Assessee.

Section 143(2)Section 143(3)

…the financial statement the amount, the expenditure was ascertained. We find that the Ld. CIT-A has allowed the claim of the assessee following the judgment of the Hon’ble Apex Court 12 AY: 2007-08 in the case of Rotork Controls India Private Limited (2009) 314 ITR 62. The relevant part of the impugned order is extracted as under: “23. It is clear from the order of the Supreme court that provision for warranty is an ascertained liability as long as it is based on actuarial valuation. This is done on historical cost and on experience of the assessee. Thus, there can be no scope for any disallowance. Assessee su…