The Commissioner Of Income Tax - Iv, Pune v. W.b. Engineers International Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3314 OF 2010 The Commissioner of Income Tax - IV, Pune..Appellant. Versus W.B. Engineers International Private Limited..Respondent. Mr.Vimal Gupta for the appellant.None for the respondent. CORAM : J.P. Devadhar & A.A. Sayed, JJ. P.C. : DATE : 25[th] July, 2011. 1.Whether the Income Tax Appellate Tribunal was justified in deleting the addition made by the assessing officer on account of 10% of the sale consideration which was not paid in the assessment year in question, but, kept pending for the purpose of inspection and certification is the question raised in this appeal. 2.Perusal of the order of the Income Tax Appellate Tribunal shows that the Tribunal has relied upon a coordinate bench decision of the Tribunal in the case of DCIT V/s. Spirax Martial Limited reported in 110 ITR 229 (Pune) and the decision in the case of DCIT V/s. Deccan Mechanical & Chemical Industrial (P) Limited reported in (2006) 102 ITD 171 (Pune), wherein, it is held that the payment of retention money was dependent upon the condition of satisfactory performance of the equipments during the warranty period and in such a case it cannot be said that any debt has accrued to the assessee. In such a case, the decision of the Tribunal in holding that the impugned amount did not accrue as income to the assessee in the assessment year in question cannot be faulted. 3.In the result, we see no merit in this appeal. The appeal is accordingly dismissed with no order as to costs. (A.A. Sayed, J.) (J.P. Devadhar, J.)