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TMI Blog2020 (9) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court vide order dated 09.10.2015 on the following substantial question of law: (i) Whether on the facts and in the circumstances and in law the Tribunal was correct in holding that fringe benefits brought to tax on account of Sales Promotion Expenses, and conference charges does not attract provisions of Section 115WB of the Act, as the same were incurred to a third person and recovered perverse finding? (ii) Whether the Tribunal committed an error in not appreciating the fact that certain expenses incurred by the assessee were directly attributable to the benefit of the and recorded a perverse finding? 2. Facts leading to filing of this appeal briefly stated are that the assessee is engaged in the business of manufacture and tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal has been filed. 3. Learned counsel for the revenue has invited the attention of this court to circular dated 29.08.2005 and has submitted that employer-employee relationship is not a prerequisite for levy of fringe benefit tax. It is further submitted that the Assessing officer rightly determined the taxable value of fringe benefits and the Commissioner of Income Tax (Appeals) grossly erred in interfering with the order passed by the Assessing officer and the Tribunal erred in upholding the order passed by the Commissioner of Income Tax (Appeals). On the other hand, learned counsel for the respondent supported the order passed by the Income Tax Appellate Tribunal and has invited the attention of this court to Section 115WB of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration other than cash for providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called. (2) The fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer has, in the course of his business or profession (including any activity whether or not such activity is carried on with the object of deriving income, profits or gains) incurred any expense on, or made any payment for, the following purposes, namely:- (A) entertainment; (B) provision of hospitality of every kind by the employer to any person, whether by way of provision of food or beverages or in any other manner whatsoever and whether or not such provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he publication in any print or electronic media of any notice required to be published by or under any law or by an order of a court or tribunal; (v) being the expenditure on advertisement by way of signs, art work, painting, banners, awnings, direct mail, electric spectaculars, kiosks, hoardings, bill boards, display of products or by way of such other medium of advertisement; (vi) being the expenditure by way of payment to any advertising agency for the purposes of clauses (i) to (v) above; (vii) being the expenditure on distribution of samples either free of cost or at concessional rate; and (viii) being the expenditure by way of payment to any person of repute for promoting the sale of goods or services of the business of the em ..... X X X X Extracts X X X X X X X X Extracts X X X X
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