2021 (4) TMI 1155 - AT - Income Tax

Fringe benefit tax on account of expenditure pertaining to staff towards electricity consumption - statutory obligation to provide electricity to the employees at their residential premises as per National Coal Workers' Agreement - HELD THAT - On going through the above agreement entered into between the representatives of Central Trade Unions with Hon ble Minister of Coal Mines and Secretary, Govt. of India, Department of Coal Chairman, Coal India ltd. on 12th January, 2004, we find that the CBDT has not been recognized the said agreement and, therefore, this agreement cannot override the income-tax Act, which is enacted by the Parliament. The above agreement is not statutory and only a facility provided to the employees in a particular sector. In view of the above discussion, we do not find any infirmity in the orders of the CIT(A) in confirming the order of the AO wherein the AO has made an addition in the hands of the assessee towards Fringe benefit tax on account of expenditure pertaining to staff towards electricity consumption and upholding the orders of CIT(A) in all the appeals under consideration, we dismiss the grounds raised by the assessee in all the AYs under consideration.

Summary

Issues:
Appeals against CIT(A)'s order for AYs 2006-07 to 2008-09 involving proceedings u/s 115WE of the Income Tax Act, 1961.

Analysis:
1. The appeals were clubbed and heard together due to identical facts and grounds. The primary issue revolved around the addition of taxable fringe benefits towards employees' welfare, specifically related to providing electricity to residential premises under a statutory obligation.
2. The assessee filed its fringe benefits in the return of income for AY 2006-07, admitting a taxable value. During scrutiny, it was noted that a significant amount was debited towards Power and Fuel, including expenses for electricity supplied to residential quarters of employees. The AO requested details of electricity consumption and questioned why this expenditure should not be treated as a perquisite. The assessee argued that providing electricity was a contractual obligation under the National Coal Workers Agreement to mitigate occupational hazards.
3. The AO rejected the explanation, stating that providing free or concessional electricity did not fulfill a statutory obligation or mitigate occupational hazards. As the consumption per residential quarter could not be quantified, the AO treated a portion of the expenditure as fringe benefits taxable in the hands of the assessee.
4. The CIT(A) upheld the AO's decision, emphasizing that the electricity provided to residential quarters did not mitigate occupational hazards and was not under a statutory obligation. The AR reiterated arguments based on the NCWA but failed to provide additional evidence.
5. The Tribunal reviewed the NCWA agreement and concluded that it was not statutory and did not override the Income Tax Act. As the agreement was deemed a facility for employees in a specific sector, the addition of fringe benefit tax on electricity consumption expenditure was upheld, dismissing the appeals.

This detailed analysis highlights the progression of the case, arguments presented by the parties, and the final decision of the Tribunal based on the interpretation of statutory obligations and fringe benefits under the Income Tax Act.