2016 (5) TMI 62 - AT - Income Tax

Tribunal grants relief to assessee on fringe benefits tax rate dispute, aligns with High Court decision.

Mcleod Russel India Ltd. Versus Assistant Commissioner of Income-Tax

The Tribunal allowed the assessee's appeals regarding the entitlement to a concessional tax rate for fringe benefits under rule 8 of the Income-tax Rules. ... FBT - Entitlement to avail of the concessional rate of tax prescribed under rule 8 of the Income-tax Rules to determine the taxable value of fringe benefits - Held that:- What has been allowed as the business expenditure (i.e. the expenditure that are subjected to fringe benefit tax) is only to the extent of 40 per cent. thereon in accordance with rule 8 of the Income-tax Rules, 1962. Hence logically the said business expenditure for the purpose of fringe benefit tax also should be considered at only 40 per cent. of the same as against 100 per cent. Assessee-employer shall be entitled to claim relief at 40 per cent. of taxable value of fringe benefits as against 100 per cent. determined by the learned Assessing Officer and accordingly we direct the learned Assessing Officer to recompute the value of fringe benefits in accordance with rule 8 of the Income-tax Rules. - Decided in favour of assessee Issues:Determining entitlement to concessional tax rate for fringe benefits under rule 8 of Income-tax Rules.Analysis:The appeals arose from the Commissioner of Income-tax's orders for the assessment years 2008-09 and 2009-10. The only issue was whether the assessee could avail the concessional tax rate under rule 8 of the Income-tax Rules for fringe benefits. The assessee, engaged in tea business, argued that only 40% of fringe benefits should be taxable, similar to income tax computation. However, the Assessing Officer assessed 100% of fringe benefits as taxable. The Commissioner upheld this decision. The key argument was whether fringe benefit tax operates independently from income tax. The Tribunal analyzed section 115WA, concluding that fringe benefit tax is part of the Income-tax Act and does not operate independently.The Tribunal referenced the Moran Tea Co. case, where the Calcutta High Court held that fringe benefit value should align with rule 8 of Income-tax Rules. The Court emphasized that expenses for fringe benefits should be treated at 40% for taxation purposes, in line with business expenditure. The Tribunal overruled its previous decision against the assessee for 2006-07, aligning with the High Court's ruling. Consequently, the Tribunal allowed the assessee to claim relief at 40% of the taxable value of fringe benefits, directing the Assessing Officer to recompute accordingly. Therefore, the appeals of the assessee were allowed, based on the jurisdictional High Court's decision and the alignment with rule 8 of the Income-tax Rules.