2006 (9) TMI 549 - AAR - Income Tax

Summary

Issues Involved:
1. Liability of the applicant to pay Fringe Benefit Tax (FBT) under section 115WA of the Income-tax Act, 1961.
2. Interpretation of section 115WA of the Income-tax Act.
3. Relevance of the Double Taxation Avoidance Agreement (DTAA) between India and the USA.

Issue-wise Detailed Analysis:

1. Liability of the Applicant to Pay Fringe Benefit Tax (FBT) under Section 115WA of the Income-tax Act, 1961:
The applicant, a non-resident international nonprofit organization based in the USA, sought an advance ruling on whether it is liable to pay FBT on the fringe benefits provided to its employees in India. The applicant argued that since it is not chargeable to income tax in India due to the provisions of the DTAA, it should not be liable to FBT under section 115WA of the Act. The Commissioner, however, contended that the applicant, being an employer as defined under section 115W of the Act, is liable to pay FBT regardless of its income tax liability status in India. The ruling concluded that the applicant is liable to pay FBT under section 115WA of the Act.

2. Interpretation of Section 115WA of the Income-tax Act:
The interpretation of section 115WA was central to the ruling. Sub-section (1) of section 115WA mandates that FBT is charged in addition to the income tax for every assessment year commencing on or after April 1, 2006. Sub-section (2) clarifies that FBT is payable even if no income tax is payable by an employer on its total income computed in accordance with the provisions of the Act. The ruling emphasized that the words "total income computed in accordance with the provisions of this Act" are used to amplify the first limb of sub-section (1) and should not be interpreted to nullify it. The court upheld that the applicant is liable to pay FBT even if it has no total income computed under the Act, aligning with the intention of Parliament and the plain language of the provision.

3. Relevance of the Double Taxation Avoidance Agreement (DTAA) between India and the USA:
Initially, the applicant argued that under the DTAA, it should not be liable to pay FBT in India. However, during the proceedings, the applicant's counsel conceded that the argument based on the DTAA was not tenable and instead focused on the interpretation of section 115WA. The ruling, therefore, did not delve into the implications of the DTAA on the applicant's liability to pay FBT and declined to express any opinion on this aspect.

Conclusion:
The ruling concluded that the applicant is liable to pay fringe benefit tax under section 115WA of the Income-tax Act. The interpretation of section 115WA was clarified, emphasizing that FBT is payable by an employer even if no income tax is payable on its total income computed under the Act. The relevance of the DTAA was not considered in the final ruling due to the applicant's withdrawal of that argument.