2014 (8) TMI 640 - HC - Income Tax

Order u/s 263 Calculation of FBT u/s 115WB(1)(c) Contribution made to superannuation fund Held that - Out of the total amount of ₹ 9,13,67,379, which includes the list of 29 employees where the contribution in the superannuation fund was more than ₹ 1 lakh and their aggregate amount was ₹ 51,36,132 and from the amount, the assessee had reduced ₹ 29 lakhs being the exemption limit in respect of the 29 employees (the contribution was in excess of ₹ 1 lakh each) and the balance of ₹ 22,36,132 was considered as taxable fringe benefit tax - As per section 115WC for the purpose of the Chapter, the value of the fringe benefits shall be the aggregate of amount of contribution referred to in clause (c) of section 115WB which exceeds ₹ 1 lakh in respect of each employee - ₹ 22,36,132 was considered as taxable (the contribution with respect to 29 employees to the extent in excess of ₹ 1 lakh each), the Tribunal has rightly held that there was no calculation mistake in the calculation of the fringe benefit tax the Tribunal has rightly held that the Commissioner was not justified in exercising the powers u/s 263 of the Act Decided against Revenue.

Summary

Issues:
1. Whether the Appellate Tribunal erred in quashing the order under section 263?
2. Whether the contribution to the approved superannuation fund should be treated as fringe benefit under section 115WB(1)(c)?

Analysis:
1. The case involved a tax appeal where the Revenue challenged the order passed by the Income-tax Appellate Tribunal (ITAT) quashing the order under section 263. The Commissioner found that the assessee had contributed significantly to an approved superannuation fund but had not declared the full amount in the fringe benefit tax return. The Commissioner believed there was a short levy of fringe benefit tax, resulting in an escape of assessment. However, the ITAT, after considering the provisions of section 115WB and section 115WC, allowed the appeal and set aside the Commissioner's order under section 263. The ITAT found that the value of contribution to the superannuation fund exceeding a certain limit is chargeable to fringe benefit tax. The ITAT observed that there was no mistake in the calculation of fringe benefit tax, and since the Revenue could not point out any error, the order of the Assessing Officer could not be considered erroneous. Therefore, the ITAT quashed the Commissioner's order under section 263.

2. The Tribunal analyzed the contributions made by the assessee to the superannuation fund and the applicable provisions of section 115WB and section 115WC. It noted that the assessee had reduced the exemption limit in respect of employees with contributions exceeding a certain threshold, and the balance was considered as taxable fringe benefit. The Tribunal cited the case of Malabar Industries Co. v. CIT, emphasizing the conditions for invoking section 263 - the order must be both erroneous and prejudicial to the Revenue. Since the Revenue failed to identify any error in the calculation of fringe benefit tax, the Tribunal concluded that the Commissioner's order was not justified. The Tribunal held that the Commissioner was not justified in exercising powers under section 263, and there was no calculation mistake in determining the fringe benefit tax liability.

In conclusion, the High Court upheld the ITAT's decision, finding no reason to interfere with the judgment. The Court agreed with the Tribunal's findings and dismissed the Revenue's appeal, holding the proposed questions of law in favor of the assessee.