9911796707
TMI Blog2017 (11) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed by the ld CIT(A) needs to be deleted. - Decided in favour of assessee. - ITA No.942/Kol /2016 - - - Dated:- 22-2-2017 - SHRI A.T.VARKEY, JM AND DR. A.L.SAINI, AM For The Assessee : Shri Arvind Agarwal, Advocate For The Revenue : Shri S.M.S. Tauheed, JCIT ORDER Per Dr. Arjun Lal Saini, AM: The captioned appeal filed by the assessee pertaining to the Assessment Year 2010-11, is directed against the order passed by ld. CIT(A)-19, Kolkata in Appeal No.73/CIT(A)-19/Kol/2014-15, dated 15.02.2016, which in turn arises out of an order passed by the Assessing Officer (AO) Under Section 143(3) of the Income Tax Act 1961, (hereinafter referred to as the Act ), dated 01.03.2013. 2. Brief facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 65/- is confirmed. 5. Not being satisfied with the order of ld. CIT(A), the assessee is in further appeal before us and has taken the following grounds of appeal :- 1. That under the facts and circumstances of the case the learned Commissioner of Income Tax (Appeals) erred in confirming the addition made by learned Assessing Officer of ₹ 7,27,865/- being refundable advance received from the employer which was also repaid. 6. Ld. AR for the assessee has submitted before us that Assessee has received perquisite from the company which is exempted under section 17 (2) (iii) (a), that is benefit and amenity granted or provided free of cost, therefore it is not taxable at all in the hands of the assessee. The ld AR further dre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid by him or any such member of his household . Therefore, Ld AR submitted that considering the provisions of section 17(2) (iii) (a) and Rule 3(7) (i) of the I.T. Rules, cited above, it is a benefit and amenity granted to the assessee by his employer company and hence not taxable in the hands of the assessee. 7. On the other hand, Ld. DR for the Revenue has primarily relied on the findings of the AO which we have already noted in our earlier para and is not being repeated for the sake of brevity. 8. Having heard the rival submissions, perused the material on record, we are of the view that there is merit in the submissions of the assessee, as the proposition canvassed by ld. AR for the assessee are supported by the facts narrated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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