2015 (10) TMI 234 - AT - Income Tax

FBT - Validity of the reopening of assessment under Section 115WG - Addition on account of contribution towards pensions fund - Held that - Contribution can be brought to the value of fringe benefit provided there is an employer-employee relationship and the same is paid to an approved superannuation fund. The Circular No.8/2005 dated 29.08.2005 also clarifies that employer- employee relationship is pre requisite for the levy of Fringe Benefit Tax. The other important aspect is that, the contribution must be to an approved superannuation fund. The contention of the assessee is that it is not contribution made to its employees but lumpsum payment to the Department of Telecommunication and even assuming it is payment to its employees it is not a contribution to an approve superannuation fund. On perusal of the orders of both the Assessing Officer as well as the CIT(A), we notice these contentions of the assessee has not been properly addressed to. Therefore, in the interest of justice, we are of the view that this matter needs to be reconsidered by the Assessing Officer taking into consideration of the contentions raised by the assessee. Hence, this issue is restored to the Assessing Officer for de novo consideration.- Decided in favour of assessee for statistical purposes.

Summary

Issues:
Reopening of assessment under Section 115WG of the Act, Validity of reasons for reopening, Addition of Rs. 322,74,88,883 towards pension fund as fringe benefit, Interpretation of provisions of Section 115WB and 115WC.

Analysis:
1. Reopening of Assessment:
The appeal challenged the validity of the reopening of assessment under Section 115WG of the Act. The appellant argued that there was no valid reason for the Assessing Officer to reopen the assessment as it had already been completed in scrutiny. However, the Assessing Officer contended that the assessee failed to disclose a significant contribution to the Superannuation Fund amounting to Rs. 322,74,88,883. The appellant's objection was overruled, and the reassessment was completed, leading to the inclusion of the said amount as a fringe benefit.

2. Addition of Pension Fund Contribution:
The main contention revolved around the addition of Rs. 322,74,88,883 towards the pension fund as a fringe benefit. The appellant argued that this amount was not a contribution to an approved Superannuation Fund but a payment made by the appellant to the Department of Telecommunication, Government of India, where the employees were on deputation. The appellant emphasized that the liability to pay the pension rested with the Government of India, not the appellant. However, both the Assessing Officer and the CIT(A) upheld the addition, stating that any contribution to a superannuation fund is liable for Fringe Benefit Tax (FBT) as per Section 115WB(1)(c) of the Act.

3. Interpretation of Provisions:
The CIT(A) affirmed the Assessing Officer's decision, stating that the provisions of the Act clearly cover any contribution made to a superannuation fund, making it liable for FBT. The CIT(A) emphasized that the liability to offer the contribution towards the superannuation fund for FBT lies with the appellant, who made the payment. The appellant's argument that the payment was on behalf of the government was dismissed, and it was held that the appellant was liable to pay FBT on the amount contributed to the superannuation fund.

4. Judgment and Restoration:
Upon appeal, the Tribunal found that the contentions raised by the appellant regarding the nature of the payment and the absence of an approved superannuation fund were not adequately addressed by the lower authorities. In the interest of justice, the matter was restored to the Assessing Officer for a fresh consideration, taking into account the appellant's submissions. The Tribunal ordered that the appellant be given a reasonable opportunity to present their case. Consequently, the appeal was allowed for statistical purposes.

This comprehensive analysis outlines the key issues raised in the legal judgment, the arguments presented by the parties involved, the interpretation of relevant legal provisions, and the final decision of the Tribunal to restore the matter for reconsideration by the Assessing Officer.