2014 (7) TMI 906 - AT - Income Tax

Re-Assessment Proceedings u/s 148 Reassessment initiated u/s 115WG Held that - The return was processed u/s. 115WE(1) of the Act -The return was accompanied by statutory report wherein it was specifically mentioned that the assessee has not considered the expenses on account of conference and meeting, business promotion Telephone-mobile expenses, Travel expenses, lodging and boarding expenses for FBT - the expenses have not been considered for the levy of FBT because they are legitimate business expenditure and not pertaining to welfare of employees and hence not liable to FBT u/s. 115WA of the Act. The reasons disclosed by the AO that there was escapement of income on going through the return of FBT filed by the assessee after he accepted the return u/s. 115WE(1) without scrutiny and nothing more - there is nothing in the reasons recorded to show that any tangible material had come into the possession of the AO subsequent to the issue of intimation - Relying upon CIT Vs Kelvinator of India Ltd. 2010 (1) TMI 11 - SUPREME COURT OF INDIA - even in the cases of assessment u/s. 115WE(1), the reopening of the assessment cannot be made unless there is some new tangible material evidence to support the reopening of the assessment - the notice issued u/s. 115WG is set aside Decided in favour of assessee.

Summary

Issues Involved:
1. Invalid Re-Assessment Proceedings
2. FBT on Expenses without Fringe Benefit
3. FBT on Conference & Meeting Expenses
4. FBT on Business Promotion Expenses
5. FBT on Mobile Phone Expenses
6. FBT on Domestic & Foreign Travel Expenses
7. FBT on Hotel Lodging & Boarding Expenses

Detailed Analysis:

1. Invalid Re-Assessment Proceedings:
The assessee challenged the validity of the reassessment proceedings initiated under Section 115WG of the Income Tax Act, 1961, arguing that no fresh material was brought on record by the Assessing Officer (AO) and the reassessment was based on the same facts already available. The original return was processed under Section 115WE(1) and later reopened. The AO justified the reopening citing that the return was merely processed and not scrutinized, and thus, reassessment within four years was permissible. The CIT(A) upheld the AO's decision, stating no irregularity in the notice for reopening. However, the Tribunal found that the AO's reasons for reopening were based on the same information already disclosed in the original return, constituting a mere review of earlier proceedings without any new tangible material evidence. Citing the Delhi High Court's decision in CIT Vs Orient Craft Ltd., the Tribunal concluded that the reopening was invalid and quashed the reassessment order.

2. FBT on Expenses without Fringe Benefit:
The assessee contended that expenses on telephone, travel, conference & meeting, and business promotion did not result in any fringe benefit to employees and should not be subjected to Fringe Benefit Tax (FBT). The AO included these expenses in the FBT calculation, and the CIT(A) upheld this inclusion, following the decision for the previous assessment year. The Tribunal, however, did not address the merits of this issue as it quashed the reassessment order.

3. FBT on Conference & Meeting Expenses:
The assessee argued that expenses on conferences and meetings, amounting to Rs. 8,72,84,455, did not provide any benefit to employees and should not attract FBT. The AO and CIT(A) included these expenses in the FBT calculation. The Tribunal did not delve into this issue's merits due to the quashing of the reassessment order.

4. FBT on Business Promotion Expenses:
The assessee claimed that business promotion expenses of Rs. 8,45,52,043 did not benefit employees and should be excluded from FBT. The AO and CIT(A) included these expenses in the FBT calculation. The Tribunal did not address the merits of this issue following the quashing of the reassessment order.

5. FBT on Mobile Phone Expenses:
The assessee contested the inclusion of Rs. 7,09,20,891 spent on mobile phone expenses in the FBT calculation, arguing no employee benefit resulted from this expenditure. The AO and CIT(A) included these expenses in the FBT calculation. The Tribunal did not consider the merits of this issue due to the quashing of the reassessment order.

6. FBT on Domestic & Foreign Travel Expenses:
The assessee argued that domestic and foreign travel expenses amounting to Rs. 17,94,95,549 did not benefit employees and should not attract FBT. The AO and CIT(A) included these expenses in the FBT calculation. The Tribunal did not address the merits of this issue following the quashing of the reassessment order.

7. FBT on Hotel Lodging & Boarding Expenses:
The assessee contended that hotel lodging and boarding expenses of Rs. 4,89,08,354 did not benefit employees and should be excluded from FBT. The AO and CIT(A) included these expenses in the FBT calculation. The Tribunal did not consider the merits of this issue due to the quashing of the reassessment order.

Conclusion:
The Tribunal quashed the reassessment order on the grounds that the reopening was based on the same information already available during the original assessment, without any new tangible material evidence. Consequently, the Tribunal did not address the merits of the individual issues related to the inclusion of various expenses in the FBT calculation. The appeal filed by the assessee was allowed.