2012 (9) TMI 62 - AT - Income Tax

Scope of Section 154 assessee seeking rectification of order u/s 154 of assessment order passed u/s 115WE(3) levying fringe benefit tax on ESOP scheme of the assessee company on ground that levy of fringe benefits tax on ESOP/sweat equity is provided only from the AY 2008-09 dismissal of rectification plea by AO, confirmed by CIT(A) AY 07-08 - Held that - The AO has taken a conscious decision to bring the ESOP expenditure to fringe benefits tax while computing taxable fringe benefits while passing the assessment order u/s 115WE(3). Therefore, the AO rightly rejected the rectification petition filed by the assessee, since it is not a mistake apparent from record within the meaning of section 154 as the taxability or otherwise of an ESOP expenditure u/s 115WB(1)(a) is highly debatable issue and such issue cannot be adjudicated in the proceedings u/s 154 and it is beyond the scope of section 154. Therefore, we confirm the order of the CIT (Appeals) Decided against assessee.

Summary

Issues:
Appeal against order of Commissioner of Income Tax (Appeals) regarding fringe benefits tax assessment for the assessment year 2007-08.

Analysis:
1. The assessee raised multiple grounds in the appeal, challenging the order of the Commissioner of Income Tax (Appeals). These grounds included contentions regarding the erroneous nature of the order, the incorrect application of provisions related to ESOP expenditure, and the retrospective application of certain tax provisions.

2. The background of the case involved the assessee filing its return of fringe benefits for the assessment year 2007-08, with the Assessing Officer subsequently completing the assessment under section 115WE(3) of the Income Tax Act. An addition was made towards privilege provided free of cost under section 115WB(1)(a), leading to a dispute between the assessee and the tax authorities.

3. The assessee filed a petition under section 154 seeking rectification of the assessment order to delete the addition made under section 115WB(1)(a). The Assessing Officer rejected the petition, leading to an appeal before the Commissioner of Income Tax (Appeals), who upheld the decision based on the Assessing Officer's conscious decision to levy fringe benefit tax on ESOP expenditure.

4. The appeal before the Appellate Tribunal challenged the Commissioner's decision, arguing that ESOP expenditure was incorrectly subjected to fringe benefits tax for the assessment year 2007-08. The Tribunal considered the arguments from both sides, reviewed the lower authorities' orders, and examined the relevant provisions of the Income Tax Act.

5. The Tribunal observed that the Assessing Officer had made a conscious decision to include ESOP expenditure in taxable fringe benefits, and this decision was not a mistake apparent from the record under section 154. The Tribunal upheld the Commissioner's order, stating that the issue of taxability of ESOP expenditure was debatable and beyond the scope of rectification under section 154.

6. Ultimately, the Tribunal dismissed the appeal of the assessee, confirming the decision of the Commissioner of Income Tax (Appeals) and upholding the Assessing Officer's treatment of ESOP expenditure for fringe benefits tax purposes during the assessment year 2007-08.

This comprehensive analysis highlights the key issues, arguments, and decisions made throughout the legal judgment regarding the appeal against the fringe benefits tax assessment for the specified assessment year.