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TMI Blog2018 (6) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... ot leviable on channel placement charges paid to cable operators by T.V. Channel Companies - thus we hold that addition upheld by the learned CIT (Appeals) deserves to be deleted - Decided in favor of assessee. Disallowance of 20% of expenditure considering as fringe benefit towards provision of transport facilities to employees for commuting between the office and residence - Held that:- Copy of the agreement with M/s. Varun Voyages are claimed by the Revenue authorities that it does not only include the transportation of the staff, but to other members also - assessee has not furnished the complete information with respect to the payment - assessee has not shown how ₹ 40 lakhs paid to M/s. Varun Voyages are utilized - no evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 1,12,66,722 incurred on account of conveyance, to the value of fringe benefits under section 115WC read with section 115WC(l)(c) of the Income-tax Act, 1961 ( the Act ). 1.1 That the CIT (Appeals) erred on facts and in law in observing that there were some factual inconsistencies in the information qua details of conveyance expenses offered for FBT, filed by the appellant. 1.2 That the CIT (Appeals) erred on facts and in law in not appreciating that the expenditure of ₹ 1,12,66,722 was incurred towards provision of transport facility to employees for commuting between office and residence and/or for facilitating the re-location of employees, which was exempt from FBT under section 115WB(3) of the Act.. 1.3 That t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge benefit accrued to employees from advertisement expenditure incurred by the appellant for the purposes of business to be subjected to fringe benefit tax under section 115WA of the Act. The appellant craves leave to add to, alter, amend, or vary the above grounds of appeal at or before the time of hearing. 3. I.T. Appeal No. 3691 (Del) of 2013 filed by the Revenue raising the solitary ground of appeal in reduction to the addition of ₹ 9,21,88,625/- to ₹ 4,60,64,313/- on account of advertisement expenditure. We first take up the appeal of the Revenue and state the fact that assessee is a company, who filed its return of fringe benefit on 29.09.2008 declaring fringe benefit of ₹ 11,44,78,098/-. The return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentative submitted that before the learned CIT (Appeals) the assessee has submitted an application under Rule 46A for admission of additional evidences. Assessee submitted a copy of the sample bills of the service providers and the advertising agency that such expenditure is exempt from FBT. He further relied upon the decision of the Co-ordinate Bench in the case of T.V. Today Network Ltd. Vs. DCIT (2013) 38 taxmann.com 409. He further stated that assessee has submitted the complete break-up and amount of ₹ 50,16,172/- was already offered for FBT under the category of conference and further an amount of ₹ 1.52 lakhs under the category of scholarship. He, therefore, submitted that learned CIT (Appeals) has wrongly upheld the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that addition upheld by the learned CIT (Appeals) deserves to be deleted. Though assessee has submitted the sample invoices, but they show that on these expenditure, fringe benefit tax is not chargeable. In view of this, we dismiss ground No. 1 of the appeal of the Revenue and allow ground No. 2 of the appeal of the assessee. 9. Now coming to the appeal of the assessee vide ground No. 1 the assessee has challenged the addition of ₹ 22,53,344/- being 20% of the expenditure of ₹ 1.12 crores towards provision of transport facilities to employees for commuting between the office and residence or for facilitating the relocation of its employees. The learned Assessing Officer noted that assessee has shown travelling and conveyan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The expenditure are with respect to the monthly bus hire charges and tempo travel charges. It also included the many bus hire charges at respective locations. However, at its Gurgaon office it has debited a sum of ₹ 40 lakhs paid to M/s. Varun Voyages. The copy of the agreement with M/s. Varun Voyages are claimed by the Revenue authorities that it does not only include the transportation of the staff, but to other members also. The learned CIT (Appeals) has also noted that the assessee has not furnished the complete information with respect to the above payment. It is apparent that assessee has not shown how ₹ 40 lakhs paid to M/s. Varun Voyages are utilized. No evidences such as log book or any other material, to show that who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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