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TMI Blog2013 (11) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee to be covered in the category 1 of the Assessees who were covered by the provisions of FBT - Learned A.R. could not controvert the findings of Assessing Officer and CIT(A) by bringing any contrary material on record – Decided against the Assessee. - I.T.A. Nos. 2264 & 2402/AHD/2010 - - - Dated:- 13-9-2013 - Shri Mukul Kr. Shrawat, J.M. And Shri Anil Chaturvedi, A.M.,JJ. For the Appellant : Shri J. P. Shah. A. R. For the Respondent : Shri J. P. Jangid. Sr. D. R. ORDER Per Shri Anil Chaturvedi, A. M. 1. These appeals are filed by the Assessee against the order of CIT(A)-I, Baroda dated 28.04.2010 for assessment years 2006-07 07-08 respectively. Since the issues involved in both the years are identical, both th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it under the provisions of chapter XII-H of the IT Act. He accordingly held as under: "3. Contentions raised by the assessee have been duly considered by me in the light of judgment (supra) of Hon. Gujarat High Court, it is very interesting to note that in the case before Hon. High Court of Gujarat, Hon. High Court was concerned with the issue of applicability of provisions relating to FBT enacted by the Legislature vide Finance Act, 2005 with effect from 1.4.2006 in case of three categories of assessees. The first category of the assessees is the category in which assessees are covered under the provisions of FBT,the second category is of the assessees where they, may be governed partially and the third category is of the assessee wherei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Audit Report. Therefore it is held that assessee is liable to pay FBT and amount deposited by it, if any, in the separate bank account in terms of said judgment of Hon. High Court, such deposit shall not operate as payment towards discharge of its FBT liability. 4. In view of the above after verification of the books of account on test check basis and the records available, the taxable FB is worked to Rs. 2,87,55,560/-. 5. It is pertinent to mention here that the Accountant in its report in Annexure-II to Form No. 3CD has duly discharged his onus by quantifying and reporting the value of FB, despite the interim order of the Hon. High Court. This also leads to the conclusion that the interim relief benefit of the order of the Hon. High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned in section 115WB(2). It is pertinent to note that all the expenditure has been incurred on the employees of the assessee. Admittedly, no part of the expenditure in question has been incurred on non-employees. Moreover, the assessee has itself deposited the FBT into government treasury and not in an escrow account with a scheduled bank. Thus, the appellant appears to have considered itself to be part of category (1) as held by the High Court i.e., an assessee who was fully covered by the provisions. Having regard to the totality of the circumstances, I am of the opinion that the assessee was liable to FBT. The Action of the Assessing Officer in this regard is accordingly confirmed. Further, the Assessing Officer has merely accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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