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TMI Blog2017 (10) TMI 1317X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) is opposed to law and facts of the case." 3. The assessee is a autonomous body constituted under Central Silk Board Act, 1948 primarily for promoting and developing silk industry. The assessee provides scientific and technological assistance for development of silk industry under Central Government. Thus the assessee is a statutory body functioning directly under the control of Ministry of Textiles, Government of India. The Assessing Officer proceeded to hold the assessee as assessee in default under Section 201(1) and 201(1A) of the Income Tax Act, 1961 (in short 'the Act') for want of deduction of TDS in respect of the house accommodation provided by the assessee to its employees. The Assessing Officer computed the tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e perquisite value of unfurnished accommodation provided by the assessee to its employees is required to be worked out in accordance with Sl.No.1 of Table 1 of Rule 3 of IT Rules, 1962. The learned Authorised Representative has thus submitted that the license fees in respect of accommodation fixed as per Govt. of India rules was recovered from the employees and the value of perquisite in respect of unfurnished accommodation was NIL. Further the learned Authorised Representative has submitted that though the assessee has not raised any specific ground however, the assessee has valued the perquisite as bona fide estimate by considering Sl.No.1 of Table 1 of Rule 3 therefore, the assessee cannot be held as assessee in default in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be treated as government or state for the purpose of Rule 3 of the IT Rules. He has relied upon the orders of the authorities below. 6. We have considered the rival submissions as well as the relevant material on record. As regards the applicability of the Sl.No.2 in Table 1 of Rule 3 for the purpose of computing the perquisite value of the accommodation provided by the assessee, the issue is covered by the decision dt.4.7.2014 of the co-ordinate Bench of this Tribunal in the case of Central Food Technology Research Institue Vs. ITO (supra) wherein the Tribunal after discussing all the relevant facts held in paras 10 to 12 as under : 7. However the issue has not been examined by the authorities below from the angle of bona fide estimat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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