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The ITAT allowed the assessee's appeal against the PCIT's revision under Section 263, holding that the defect liability provision debited by the assessee is not analogous to a warranty. The PCIT erred in disregarding the tender terms from the Vadodara Municipal Corporation, which explicitly mandated a ten-year defect liability with a 5% performance guarantee. The tribunal found the Assessing Officer's acceptance of the defect liability as a site miscellaneous expense in the Profit & Loss account to be a plausible view, rendering the revision order setting aside the assessment unjustified. Consequently, the PCIT's order was quashed, and the assessment order was upheld in favor of the assessee.
The ITAT allowed the assessee's appeal against the PCIT's revision under Section 263, holding that the defect liability provision debited by the assessee is not analogous to a warranty. The PCIT erred in disregarding the tender terms from the Vadodara Municipal Corporation, which explicitly mandated a ten-year defect liability with a 5% performance guarantee. The tribunal found the Assessing Officer's acceptance of the defect liability as a site miscellaneous expense in the Profit & Loss account to be a plausible view, rendering the revision order setting aside the assessment unjustified. Consequently, the PCIT's order was quashed, and the assessment order was upheld in favor of the assessee.
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