2012 (10) TMI 1058 - AT - Income Tax

Whether expenditures incurred by the assessee are fringe Benefits u/s 115WB(2) - expenditures like Entertainment, Auditors Travelling, Driver Salaries etc. - Held that - the expenses prescribed therein are liable to be considered as fringe benefits only to the extent the same are incurred in consideration for employment - the entertainment expenses have been incurred for guests of the company - Auditors are not employees of the assessee FBT on salary paid to driver - salary paid to a driver is taxable in his hands as Salary income and thus do not fall under of the provisions of section 115WB - Decided against the assessee.

Summary

Issues:
1. Addition of taxable amount of Fringe Benefits
2. Expenditure not liable for Fringe Benefit Tax
3. Interpretation of provisions regarding Fringe Benefit Tax computation

Analysis:

Issue 1: Addition of taxable amount of Fringe Benefits
The appeal challenges the addition of Rs. 10,23,042 as the taxable amount of Fringe Benefits, disputing the CIT(A)'s decision. The appellant argues that certain expenses, like entertainment, hospitality, sales promotion, traveling, and gifts, were not liable for Fringe Benefit Tax (FBT) as they were not beneficial to employees. The Revenue contends that section 115WB(2) deems certain expenses as fringe benefits, regardless of being incurred on employees or not. The Tribunal analyzed the legislative intent behind FBT provisions and held that expenses should be considered as fringe benefits only if incurred in connection with employment. The Tribunal disagreed with the Revenue's interpretation based on CBDT Circular and legislative intent, emphasizing that expenses must be in consideration for employment to attract FBT.

Issue 2: Expenditure not liable for Fringe Benefit Tax
The Tribunal examined specific expenditures like entertainment, sales promotion, gifts, auditors' traveling, and driver salaries. It concluded that entertainment expenses for guests, sales promotion, and gifts required further verification to determine if they were incurred for employees or outsiders. Auditors' traveling expenses were excluded as they were not employees, and driver salaries were deemed taxable under the head of Salary income, not FBT. The Tribunal directed the Assessing Officer to reevaluate these expenses under section 115WB(2) after providing a hearing to the assessee.

Issue 3: Interpretation of provisions regarding Fringe Benefit Tax computation
The Tribunal delved into the interpretation of section 115WB(2) and the meaning of "fringe benefits" under the Act. It highlighted the significance of expenses being in consideration for employment to qualify as fringe benefits. Dismissing the Revenue's reliance on CBDT Circular and emphasizing the legislative intent, the Tribunal held that FBT should apply only to expenses related to employment. It referenced a previous case to support its interpretation. The judgment clarified that expenses listed in section 115WB(2) must be incurred in consideration for employment to trigger FBT, contrary to the Revenue's broader interpretation.

In conclusion, the Tribunal disposed of the appeal, emphasizing the necessity for expenses to be linked to employment to be considered as fringe benefits subject to FBT. The judgment provided detailed analysis and interpretation of the FBT provisions, highlighting the importance of legislative intent and consideration for employment in determining taxable fringe benefits.