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2014 (11) TMI 290 - AT - Income TaxExpenses incurred wholly for business purpose not excluded - Addition of various expenses not incurred for collective benefit of employees to value of fringe benefits u/s 115 WB (2) Held that - Before AO and CIT(A) assessee contended that all the expenses have been incurred for the purpose of business and were having no collective benefit to the employees but however the contention of the Assessee was not accepted by the AO as he relied on the deeming provisions of s. 115WB(2) of the Act in M/s TOYOTA KIRLOSKAR MOTOR PVT LTD Versus ADDL COMMISSIONER OF INCOME TAX 2012 (6) TMI 484 - ITAT, Bangalore it has been held that the deeming fiction u/s 115WB(2) is not attracted if the expenditure does not result in any benefit to employees - even in the circumstances provided in subsection (2) of s. 115WB of the Act fringe benefits can be deemed to have been provided by the employer to his employees, only in cases where the prescribed expenditure is incurred in consideration for employment thus, no addition on account of FBT can be made Decided in favour of assessee.
Issues Involved:
1. Legality of the CIT(A)'s order. 2. Addition of various expenses to the value of fringe benefits u/s 115WB(2). 3. Addition of publicity expenses to the value of fringe benefits u/s 115WB(2). 4. Addition of sales promotion expenses to the value of fringe benefits u/s 115WB(2). 5. Addition of sample expenses to the value of fringe benefits u/s 115WB(2). 6. Addition of other sales promotion expenses to the value of fringe benefits u/s 115WB(2). 7. Addition of telephone expenses to the value of fringe benefits u/s 115WB(2). 8. Addition of guesthouse expenses to the value of fringe benefits u/s 115WB(2). 9. Addition of gift expenses to the value of fringe benefits u/s 115WB(2). Detailed Analysis: 1. Legality of the CIT(A)'s Order: The assessee challenged the order passed by the CIT(A) as being "bad in law and on facts." The CIT(A) had granted partial relief to the assessee but upheld several additions made by the AO under the deeming provisions of section 115WB(2). The CIT(A) emphasized that the deeming fiction in section 115WB(2) implies that specified proportions of certain expenses are considered fringe benefits, irrespective of whether they directly benefit employees. 2. Addition of Various Expenses to the Value of Fringe Benefits u/s 115WB(2): The AO noticed that the assessee had not offered certain expenses amounting to Rs. 12,87,20,019/- to FBT, arguing that these were incurred wholly for business purposes and did not benefit employees. The AO rejected this argument, stating that section 115WB(2) was a deeming provision that did not require a direct benefit to employees. The CIT(A) partially agreed with the AO, stating that the deeming provision expands the scope of sub-section (1) and that the specified proportions of expenses are not rebuttable. 3. Addition of Publicity Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the AO's addition of Rs. 4.71 lakhs and Rs. 13.74 lakhs relating to publicity expenses and dealer's meetings/dealer's & doctor's incentives, considering them liable to FBT under section 115WB(2)(c). However, the CIT(A) allowed exclusions for sponsorship and advertisement expenses amounting to Rs. 2.55 lakhs and Rs. 103.79 lakhs respectively. 4. Addition of Sales Promotion Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the addition of Rs. 165.02 lakhs on doctors' meets and Rs. 110.46 lakhs on sales promotion expenses, stating that these were covered under clause (D) of section 115WB(2). The CIT(A) rejected the assessee's plea for a lower tax rate under section 115WC(2)(c), as the expenses did not fall under clauses (F) or (G). 5. Addition of Sample Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the addition of Rs. 44,43,762/- for sample expenses, disagreeing with the assessee's argument that the amendment to section 115WB(2)(D)(vii) was clarificatory and should be considered retrospective. 6. Addition of Other Sales Promotion Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the addition of Rs. 39.67 lakhs on doctors' meets, Rs. 50.84 lakhs on other sales promotion expenditure through C&F agents, and Rs. 1.51 lakhs on corporate gifts to customers and doctors, considering them as falling within the purview of FBT. 7. Addition of Telephone Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the addition of Rs. 217.30 lakhs for telephone expenses, considering them as benefits deemed to have been provided under the deeming provisions of section 115WB(2). 8. Addition of Guesthouse Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the addition of Rs. 4.16 lakhs for guesthouse expenses, considering them as benefits deemed to have been provided under the deeming provisions of section 115WB(2). 9. Addition of Gift Expenses to the Value of Fringe Benefits u/s 115WB(2): The CIT(A) upheld the addition of Rs. 19.38 lakhs for gift expenses, considering them as benefits deemed to have been provided under the deeming provisions of section 115WB(2). Tribunal's Decision: The Tribunal considered the arguments and submissions from both sides. It noted that various tribunals had held that the deeming fiction under section 115WB(2) is not attracted if the expenditure does not result in any benefit to employees. The Tribunal found that the revenue did not bring any binding contrary decision or material to controvert the assessee's submissions. Consequently, the Tribunal allowed ground no. 2 of the assessee, making other grounds redundant. The Tribunal also allowed the appeal for A.Y. 2007-08, as the facts and circumstances were identical to A.Y. 2006-07. Conclusion: The appeals of the assessee for both A.Y. 2006-07 and A.Y. 2007-08 were allowed by the Tribunal.
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