2014 (5) TMI 80 - AT - Income Tax

Addition on account of fringe benefit value - Validity of clubbing of grounds 8 grounds on FBT taken by the assessee on various expenses - Interpretation of Sections 115WA and 115WB of the Act Whether for applying the provisions of Chapter XII-H of the Income-tax Act pertaining to bringing to the charge of tax the value of fringe benefits in the hands of the employer, employer - employee relationship is a prerequisite - Held that - It is not possible to permit any segregation - it would be in the fitness of things if the assessees are directed to deposit the amount of Fringe Benefit Tax as per installment in a separate account to be opened and maintained with a Scheduled Nationalized Bank, subject to the condition that the amount so deposited shall not be utilized by the assessee in any manner whatsoever for any purpose, no charge shall be created nor shall the said account be used or permitted to be used as a collateral for obtaining any loan against the same. Upon such deposit being made in separate bank account and production of the necessary proof of such deposit before the Income-tax department, it shall amount to sufficient compliance qua the provisions of the Act levying Fringe Benefit Tax - the authorities below are not justified in making the addition - the order passed by the CIT(A) is not justified and also the AO was not justified in making the addition - the assessee itself has made the submission that the amount has been deposited in Escrow account in pursuance to the direction the AO is directed to verify whether the assessee has deposited the amount and delete the addition Decided in favour of Assessee.

Issues Involved:
1. Validity of the assessment order based on principles of natural justice and constitutionality of Fringe Benefit Tax (FBT) provisions.
2. Levy of Fringe Benefit Tax on the additional amount of Rs.1,46,69,716.
3. Levy of interest amounting to Rs.17,01,238 under sections 115WJ and 115WK.
4. Direction to the Assessing Officer regarding recovery proceedings for the Fringe Benefit Tax amount deposited in a separate bank account.

Detailed Analysis:

1. Validity of the Assessment Order:
The appellant challenged the validity of the assessment order on two grounds: non-observance of natural justice principles and the unconstitutionality of the FBT provisions. The appellant argued that the Commissioner of Income Tax (Appeals) [CIT(A)] failed to address these grounds individually, instead treating them as a single issue related to the levy of FBT on business expenses not related to employees. The Tribunal noted that the CIT(A) did not render a decision on these specific issues, which was an error.

2. Levy of Fringe Benefit Tax on Additional Amount:
The appellant contested the addition of Rs.1,46,69,716 to the returned Fringe Benefit Value, arguing that FBT was not leviable on this amount. The appellant cited the Gujarat High Court's interim relief, which directed that the disputed FBT amount be deposited in a separate bank account, and compliance with this directive should be considered sufficient. The Tribunal agreed with the appellant, emphasizing that the CIT(A) and the Assessing Officer (AO) disregarded the High Court's binding precedent. The Tribunal directed the AO to verify the appellant's compliance with the High Court's order and delete the addition if the amount was indeed deposited as required.

3. Levy of Interest under Sections 115WJ and 115WK:
The appellant also challenged the levy of interest amounting to Rs.17,01,238 under sections 115WJ and 115WK, which was not addressed by the CIT(A). The Tribunal noted this omission and implied that the CIT(A) should have considered and rendered a decision on this issue.

4. Direction Regarding Recovery Proceedings:
The appellant requested that the AO be directed not to initiate recovery proceedings for the FBT amount of Rs.50,30,230, which had been deposited in a separate bank account as per the Gujarat High Court's directive. The Tribunal found that the authorities below were not justified in making the addition despite the High Court's clear instructions. The Tribunal directed the AO to verify the deposit and delete the addition if the appellant had complied with the High Court's order.

Conclusion:
The Tribunal allowed the appeal, directing the AO to verify the appellant's compliance with the Gujarat High Court's order regarding the deposit of the disputed FBT amount in a separate bank account and to delete the addition if compliance was confirmed. The Tribunal emphasized the importance of adhering to binding precedents and ensuring that all grounds of appeal are individually addressed. The decision highlighted the necessity of an employer-employee relationship for the levy of FBT, as supported by various judicial precedents and CBDT Circulars.

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