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of <h1>Tribunal emphasizes natural justice, remands case for fair assessment process.</h1> <h3>M/s. Nicco Corporation Limited Versus Deputy Commissioner of Income Tax, Kolkata</h3> M/s. Nicco Corporation Limited Versus Deputy Commissioner of Income Tax, Kolkata - TMI Issues:1. Determination of Fringe Benefit Tax on travelling expenses.2. Allocation of travelling expenses to tour & travels and conveyance charges.3. Ignoring computation sheet of fringe benefit prepared by the company.Analysis:1. The appellant, a Company engaged in manufacturing, filed a return disclosing total fringe benefit value. The Assessing Officer noticed discrepancies in the claimed expenses under 'travelling and conveyance', leading to an estimation of conveyance and tour/travelling expenses. The AO made additions to the fringe benefit value under 'conveyance' and 'tour and travelling' heads. The appellant challenged these additions under section 115WE(3) of the Act before the CIT(Appeals).2. During the appellate proceedings, the appellant furnished details of travelling and conveyance expenses, arguing that these expenses did not result in any fringe benefit. However, the CIT(Appeals) upheld the additions, citing lack of supporting vouchers or evidence. The appellant's appeal to the Tribunal was heard ex-parte due to non-appearance. The Tribunal noted that the CIT(Appeals) did not provide the appellant with an opportunity to produce supporting evidence, leading to a violation of natural justice. Consequently, the Tribunal set aside the CIT(Appeals) order and remanded the matter to the Assessing Officer for fresh consideration with an opportunity for the appellant to present relevant evidence.3. The Tribunal allowed the appeal for statistical purposes, emphasizing the importance of adhering to principles of natural justice in tax assessments. The judgment highlighted the necessity of providing a fair opportunity for taxpayers to substantiate their claims with supporting evidence. The decision aimed to ensure a just and unbiased assessment process in line with legal principles and procedural fairness.
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