2013 (1) TMI 781

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..... ed:- 16-1-2013
ITA Nos.7271 to 7274, 7334 & 7335, 4232 & 8313/M/2011 - -
Income Tax
SHRI D. MANMOHAN, VP AND SHRI N.K. BILLAIYA, AM For the Appellant: Shri PrasadLanke & Shri Chetan Kakka For the Respondent: Shri Manoj Kumar O R D E R PER BENCH: All these appeals are preferred by the assessees against separate orders of the Ld. CIT(A) for the relevant assessment years mentioned herei .....

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..... s a deeming provision where certain expenditures incurred by the employee, fringe benefit are deemed to have been provided by the employer to his employee. In our opinion, sub-section (2) of section 115WB which defines "fringe benefit" under Chapter-XII-H, control sub-section (2) and any expenditure incurred by an employer in the course of his business or profession, which is not a consideration f .....

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..... are to be excluded as they are not payments to clubs. With these observations, we restore the issue back to the file of AO for adjudication afresh."   4. The Ld. Counsel for the assessee further drew our attention to the order of the Tribunal in ITA No. 5251/M/2010 and pointed out that the Tribunal has followed the decision in ITA No. 63/M/10. Facts and issues being identical, the Ld. Counse .....

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