2016 (1) TMI 1417 - AT - Income Tax

Addition made towards Fringe Benefit Tax - contribution made to superannuation Fund - HELD THAT - The assessee company has made a provision for contribution to superannuation fund and the same was paid in the next Financial year. There is no dispute about the provision and the payment and there is no escapement of value and same was subject to fringe benefit tax. Similar issue was considered by the Co-ordinate Bench in the case of M/s. Bharat Overseas Bank 2013 (2) TMI 881 - ITAT CHENNAI wherein held that provision of contribution to the approved superannuation fund was not subject to charging of FBT. Accordingly, we direct the Assessing Officer to delete the addition. - Decided in favour of assessee.

Summary

Issues:
1. Provision made towards Superannuation fund for valuation of Fringe benefit Tax.

Analysis:
The appeal was filed against the order of the Commissioner of Income Tax (Appeals) regarding the provision made towards a Superannuation fund for the calculation of Fringe benefit Tax. The assessee contended that the provision should not be considered for the valuation of fringe benefit tax as the contribution to the superannuation fund was made in the subsequent financial year. The Assessing Officer had treated the provision as part of the calculation for fringe benefit tax, leading to an additional demand. The assessee argued that the provision was not subject to fringe benefit tax as it was paid before the due date of filing the return. The Commissioner of Income Tax (Appeals) upheld the decision of the lower authorities, considering the provision as an actual contribution. The Tribunal, after considering the arguments and legal positions, directed the Assessing Officer to delete the addition, citing a similar case precedent where the provision for contribution to an approved superannuation fund was not subject to FBT.

The key issue revolved around whether the provision made towards a superannuation fund should be considered for the valuation of fringe benefit tax. The assessee argued that since the contribution was made in the subsequent financial year, it should not be included in the calculation. The Tribunal agreed with this argument, referencing a previous case where a similar provision was not subject to FBT. The Tribunal directed the Assessing Officer to delete the addition, thereby allowing the appeal of the assessee.

This judgment highlights the importance of the timing of contributions to superannuation funds in relation to the calculation of fringe benefit tax. It clarifies that provisions made in one financial year but paid in the next should not be considered for FBT valuation. The decision provides clarity on the treatment of such provisions and sets a precedent based on previous rulings by the Tribunal.