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TMI Blog2015 (10) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... ve not been incurred for employees without appreciating that the CBDT Circular No.8 of 2005 categorically states that sub section(2) is an extension of sub-section (1) of section 115 JB of the Income Tax Act? - Held that:- We find that the impugned order of the Tribunal has followed its decision in respect of the same respondent-assessee for A.Y.2006-07 and 2007-08 in respect of Fringe benefit Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the following questions of law for our consideration : (A) Whether on the facts and in the circumstances of the case and in law the Hon'ble Income Tax Appellate Tribunal was justified in law in holding that Fringe Benefits cannot arise when the expenditure is incurred on non-employees without appreciating that the deeming provisions of section115 WB (2) are not subject to the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We have today by a separate order dismissed the revenue's appeal to the order of the Tribunal dated 16th January 2013 in respect of the same respondentassessee being ITXA Nos.1811 and 1818 of 2013. Thus, for the reasons recorded in our order passed today in ITXA Nos.1811 and 1818 of 2013, we see no reason to entertain the proposed questions of law. 4. Accordingly, appeal dismissed. No ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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