(1.) THE impugned findings recorded by the Income Tax Appellate Tribunal (,,Tribunal, for short) in their order dated 16.09.2011 in the case of Eicher Motors Ltd. are as under: -
(2.) THE appellant-assessee is in the business of manufacture and sales of automobiles in India and by way of export. During the period relevant to the assessment year 2005-06 the appellant-assessee had estimated and made provision towards warranty claim of RS.1424.12 lakhs, which was bifurcated into the following heads: - RS.951.00
(3.) AT the outset we may note that the dispute/ subject matter of the present appeal is in respect to the disallowance of the 4th claim/head i.e. claim of additional warranty on domestic sales of Rs.91.70 lakhs. There is no dispute and the Revenue has accepted the claim of appellant- assessee with regard to the normal warranty at the rate of 0.39% on domestic sales and 0.89% on export sales. There is also no dispute with regard to item Nos.2 & 3 which pertain to the extended warranty on engineering and transmission for LCV and extended warranty of one year on HCV of RS.285.69 and RS.95.73 lakhs, respectively.