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2014 (5) TMI 933 - AT - Income TaxComputation of value of Fringe benefits Whether the expenses incurred on running and maintenance of motor car being car fuel, oil and lubricants, rent and taxes, insurance on motor car, service charges and driver salary, given on hire as liable to fringe benefit tax or not Held that - The contention of the assessee is accepted that as per Circular No. 8/2005 dated 29.08.2005 issued by CBDT, employer and employee relationship is a prerequisite for the levy of FBT u/s 115 WB of the Act - when employer and employee relationship is a prerequisite condition for levy of FBT, then value of FBT is to be determined on the basis of presumptive method to be applied to certain heads of expenditure as a measure/indicator of fringe benefit. AO has calculated total value of fringe benefits by following the tax audit report as against the returned value of fringe benefit which was taken by the assessee neither the assessee nor the revenue has placed the copy of tax audit report on the basis of which the AO calculated the higher value of fringe benefit as against the returned value by the assessee due to the reasons best known to them the matter is required to be remitted back to the AO for fresh adjudication as to the proper determination of the value of fringe benefit - Decided in favour of Assessee.
Issues Involved:
1. Calculation of Fringe Benefit Tax (FBT) value. 2. Treatment of expenditure on motor cars for FBT purposes. Detailed Analysis: 1. Calculation of Fringe Benefit Tax (FBT) Value: The assessee contested the order of the Commissioner of Income Tax (Appeals) which upheld the Assessing Officer's (AO) computation of FBT at Rs. 2,03,18,452 as opposed to the returned value of Rs. 91,42,036. The AO's assessment included various additions to the returned value, which the assessee argued was incorrect. The tribunal noted that the AO had relied on the tax audit report submitted under section 44AB of the Income Tax Act, 1961, to enhance the value of fringe benefits. However, the tribunal observed that the tax audit report was not available in the records provided, making it impossible to draw a fact-finding conclusion. Consequently, the matter was remanded back to the AO for proper determination of the FBT value, allowing the assessee an opportunity to present their case. 2. Treatment of Expenditure on Motor Cars for FBT Purposes: The primary dispute revolved around whether the expenditure on running and maintenance of 491 motor cars used exclusively for renting/hiring should be included in the FBT computation. The assessee argued that these expenses should not be considered for FBT as they do not result in any benefit to employees. The tribunal examined the statutory provisions and relevant case laws, including the Budget Speech of the Finance Minister and various judicial precedents. It was noted that according to section 115WB(2)(H) of the Act, expenditure on motor cars, including depreciation, is considered a fringe benefit. However, section 115WC(2)(e) provides that for businesses engaged in the carriage of passengers or goods by motor car, the value of fringe benefits is to be taken at 5% of the expenditure instead of 20%. The tribunal acknowledged the assessee's contention that the employer-employee relationship is a prerequisite for the levy of FBT and that the assessee had already offered expenses related to 27 cars used by employees for FBT purposes. However, the tribunal also recognized that the statutory provisions explicitly include the expenditure on motor cars used for hiring in the FBT computation, albeit at a reduced rate of 5%. Conclusion: The tribunal set aside the findings of the lower authorities and remanded the matter back to the AO for a fresh determination of the FBT value. The AO was directed to: - Verify the expenses incurred for the maintenance and running of cars used by employees. - Determine the value of fringe benefits as per the statutory provisions and the observations in the tax audit report. - Follow the ratio of relevant judicial decisions and legal propositions. The appeal of the assessee was allowed for statistical purposes, and the AO was instructed to provide a fair opportunity for the assessee to present their case.
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