2012 (4) TMI 224

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....his appeal by the Revenue is directed against the order dated 31.05.2011 at Annexure-C passed by the Income Tax Appellate Tribunal "B" Bench, Bangalore, in Appeal No. 983/Bang./2010. 2. Assessment year is 2008 and the assessee is a State Corporation. 3. The Revenue raised the following substantial questions of few for examination in this appeal on the premise that the Tribunal has decided su....

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.... Tax Act, 1961, as introduced in terms of Finance Act, 2005, with effect from 1.04.2006. Charging Section is Section 115WA, fringe benefit tax is defined in Section 115WB(1)(a) and valuation is indicated in Section 115WC. 5. There is an obligation on the part of the employer to file returns of fringe benefit tax in terms of Section 115WD. 6. The dispute basically one relating to levy of frin....

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....curred towards maintenance and repairs in terms of Chapter XII-H, there is no fringe benefit to that effect and therefore, the employer was not liable to pay fringe benefit tax. The Tribunal opined that the building being in the ownership of the employer - assessee, it was their responsibility to maintain the same or at any rate, it was part of its business activity and therefore, was not liable t....