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RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax-6 – Appellant
Versus
Nokia Seimeans Networks India P. Ltd. – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. This appeal concerns Assessment Year (AY) 2004-05.
2. Via the aforesaid appeal, the appellant has sought to assail the order dated 31.01.2018 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].
3. A perusal of the appeal would show that the following questions of law have been proposed:
"(i) Whether on the facts circumstances of the case and in law, ld. ITAT erred in deleting the addition of Rs.3,19,98,632/- made by the Assessing officer on account of provision for warranty?
(ii) Whether on the facts and circumstances of the case ld. ITAT erred in deleting of Rs.17,61, 99,671/- made by Assessing officer on account of provision for liquidated damages claimed in the profit and loss account by the Assessee even when the provisions are unascertained liabilities, hence were not admissible under the provision of Income Tax Act,1961?
(iii) Whether on the facts and circumstances of the case ld. ITAT erred in deleting of Rs.17,61,99,671/- made by Assessing officer on account of provision for liquidated damages claimed in the profit and loss account by the Assessee by not considering the fa
The main legal point established in the judgment is the requirement for a definite finding on whether a provision represents an ascertained liability under the Income Tax Act, 1961.
The main legal point established in the judgment is the application of consistent observations and directions from a similar case to the present appeal, leading to the setting aside of the impugned o....
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