TTK Prestige Ltd. v. DCIT (2023) 291 Taxman 220 (Karn) (HC)

S. 37(1) : Business expenditure-Provision-Warranty-Based on past experience-Allowable as a deduction. [S. 145]

Assessee was engaged in the business of manufacture and sale of pressure cookers and kitchenware. Based on its past experience, the assessee made a provision of 1% of the sales value of kitchen appliances towards warranty and replacement expenses which was disallowed by the Assessing Officer. High Court observed that the provision was made by the assessee based on its past experience and further noted that the business claims received by the assessee for the A.Y. in question were in excess of the provision made. High Court allowed the assessee’s claim for deduction of the provision. High Court also placed reliance on the Supreme Court’s decision in the case of Rotork Controls India (P) Ltd v. CIT (2009) 314 ITR 62 (SC)    (AY. 2011-12 to 2013-14)