Further, this issue stands covered by the decision of the Kerala High Court in the case of CIT v. Indian Transformers Ltd. [2004] 270 ITR 259 (Kar) and the decision of the Madras High Court in the case of CIT v. Beema Mfrs. (P.) Ltd. (2003)130 Taxman 400 (Mad), wherein the Department has conceded the issue before the Madras High Court. Hence, we dismiss this ground of the Department.
18. Brief facts of the issue are that before the Assessing Officer
the assessee had explained that the above provision had been
made for the transformers manufactured and sold to government
and the warranty was as per the terms of sale. It was also
submitted that the assessee is in the business of manufacture of
transformers from A.Y. 2004-05 and had made the provision
towards warranty expenses at 10% of the total sales turnover after
analysing the expenditure incurred on warranty in the preceding
year. It was also claimed that making provisions for warranty is a
common practice in all manufacturing and trading concerns and is
an allowable expenditure. The assessee placed reliance on the
decisions in the cases of CIT Vs. Beema Mfrs. P Ltd. (130 Taxman