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of <h1>ITAT rules VRS payment not subject to Fringe Benefit Tax</h1> <h3>The Dy. Commissioner of Income Tax, Circle-17 (2), HYDERABAD Versus M/s. VST Industries Ltd.</h3> The Dy. Commissioner of Income Tax, Circle-17 (2), HYDERABAD Versus M/s. VST Industries Ltd. - TMI Issues involved:Revenue's appeal against the order of the Commissioner of Income Tax (Appeals)-5, Hyderabad for the AY 2009-10 regarding the treatment of payment made to Superannuation Fund under the Voluntary Retirement Scheme.Analysis:The case involved a dispute over whether a payment made to employees under the Voluntary Retirement Scheme should be considered a contribution to the Superannuation Fund and subject to Fringe Benefit Tax (FBT). The Assessing Officer reopened the assessment and brought the amount to tax, claiming it was covered under the ambit of the Superannuation Fund. The assessee contended that the payment was not a contribution to the Superannuation Fund but was a deduction claimed under section 35DDA of the Income Tax Act. The CIT(A) allowed the appeal, stating that the payment was made under the Employees Voluntary Retirement Scheme and not towards the Superannuation Fund. The Revenue appealed this decision, arguing that the provision made for the VRS Scheme falls under the Superannuation Fund's ambit, attracting FBT.Upon review, the ITAT found that the payment made towards the Voluntary Retirement Scheme was not a contribution to the approved Superannuation Fund for employees. The ITAT referred to the definition of an approved superannuation fund under Section 2(6) of the Income Tax Act and the definition of Fringe Benefits under Section 115WB, which includes contributions to an approved superannuation fund for employees. The ITAT upheld the CIT(A)'s decision, stating that the payment towards the Voluntary Retirement Scheme did not qualify as a contribution to the Superannuation Fund. Consequently, the ITAT dismissed the Revenue's appeal, concluding that the grounds raised by Revenue were not valid.In summary, the ITAT ruled in favor of the assessee, determining that the payment made under the Voluntary Retirement Scheme was not a contribution to the Superannuation Fund and therefore not subject to Fringe Benefit Tax. The judgment emphasized the distinction between the VRS payment and contributions to an approved Superannuation Fund, based on the definitions provided in the Income Tax Act.
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