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 366,470 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

DCIT Cir 6(1), Mumbai vs. Bharat Bijlee Ltd, Mumbai

In the result, appeal filed by the revenue is dismissed and the appeal filed by assessee is partly allowed

ITA 3217/MUM/2013[2009-10]Status: DisposedITAT Mumbai27 May 2016AY 2009-10

Bench: Shri R.C.Sharma & Shri Pawan Singhassessment Year: 2009-10 Dcit. Cir. 6(1), M/S Bharat Bijlee Ltd. Room No. 506, 5Th Floor, 6Th Floor, Electric Mansion, Aayakar Bhavan, M. K. Road, Appasahen Maratha Marg, Vs. Mumbai-20 Prabhadevi, Mumbai-400025. Pan: Aaacb2900K (Appellant) (Respondent) Assessment Year: 2009-10 M/S Bharat Bijlee Ltd. Dcit. Cir. 6(1), 6Th Floor, Electric Mansion, Room No. 506, 5Th Floor, Appasahen Maratha Marg, Aayakar Bhavan, M. K. Road, Vs. Mumbai-20 Prabhadevi, Mumbai-400025. Pan: Aaacb2900K (Appellant) (Respondent)

For Appellant: Shri Ronak G. Doshi (AR)For Respondent: Dr. Prabhakar Reddy (DR)
Section 145ASection 14ASection 234C

…ke up the Ground no.1 which is in respect of deletion of disallowance of Rs. 61,53,000/- for provision of warranty. 7. AR of the assessee argued that this issue is squarely covered by the decision of Hon’ble Apex Court in Rotork Control (I) Pvt. Ltd. vs. CIT (14 ITR 62 (SC) and order(s) of ITAT in assessee’s own case for AYs- 2005-06, 2006-07 and 2008-09. In Rotork Control (I) Pvt. Ltd. the Hon’ble Apex Court while dealing with the provision for warranty held as under: “13. In this case we are concerned with Product Warranties. To give an example of Product Warranties, a company dealing in computers gives warrant…

Mahindra Telecommunications Investment P.Ltd, Mumbai vs. ITO 2(2)(3), Mumbai

In the result, the assessee’s appeal is dismissed

ITA 2832/MUM/2012[2008-09]Status: DisposedITAT Mumbai24 May 2016AY 2008-09

Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 2832/Mum/2012 ("नधा"रण वष" / Assessment Year: 2008-09) Mahindra Telecommunications Income Tax Officer, 2(2)(3), बनाम/ Investment Private Limited Aaykar Bhavan, Mumbai-400 020 Gateway Building, Apollo Bunder, Vs. Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacm 3774 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri H. P. Mahajani ""यथ" क" ओर से/Respondent By : Shri Randhir Gupta सुनवाई क" तार"ख / : 24.02.2016 Date Of Hearing घोषणा क" तार"ख / : 24.05.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-5, Mumbai (‘Cit(A)’ For Short) Dated 18.1.2012, Dismissing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2008-09 Vide Order Dated 30.12.2010. 2. The Background Facts The Facts Of The Case Are Simple & Undisputed. The Assessee-Company, Incorporated Under The Companies Act, 1956, Pursuant To A Shareholders’ Agreement Dated March

For Appellant: Shri H. P. MahajaniFor Respondent: Shri Randhir Gupta
Section 143(3)

…al to the amount that stands to be received (in future). Discounting, seeks as it does to scale down future sums to their present values, is a valid and well recognized concept, both in accountancy and law (refer: Rotork Controls India (P) Ltd. vs. CIT [2009] 314 ITR 62 (SC); Bharat Earth Movers vs. CIT [2000] 245 ITR 428 (SC)). The contention, however, is misplaced in the facts of the case. This is as, as afore-stated, compounding envisages a notional receipt, which is then reinvested at the stipulated rate, as we may seek to demonstrate per a table, giving rise to secondary, tertiary, etc. income streams, i.e.,…