2013 (2) TMI 717

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....es Ltd., and Kotak Mahindra Bank Ltd., have filed Five and Six Grounds of Appeals respectively. Grounds of Appeals are common in all the three appeals pertaining to nonchargeability of Fringe Benefit Tax (FBT), Mobile Phone Expenses, Conference and Meeting Expenses, Business Promotion Expenses and Travelling Expenses (domestic and foreign). The only difference in the Grounds of Appeals is of amounts of expenses incurred and value of FB. Details of expenses involved and value of FB are summarized in the below mentioned table: Head of Fringe Benefit Tax ITA No. 4139/M/11 AY. 2007-08 ITA No. 4140/M/11 AY. 2007-08 ITA No. 4141/M/11 AY. 2007-08 Mobile Phone Exp. Exp: 28,63,255/- Exp: 3,92,30,216/- Exp: 11,33,589/- Value: 5,72,651/- Val....

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....e AO be directed to delete the addition of ₹ 2,26,718/- being value of fringe benefit on expenditure of ₹ 11,33,589/- for the purpose of calculating Fringe Benefit Tax (FBT) towards Mobile Phone Expenses. Ground No.III - Travelling Expenses Domestic & Foreign 1. The CIT(A) erred in confirming an addition of ₹ 2,81,448/- being value of fringe benefit on expenses of ₹ 14,07,238/- incurred by the Appellant on domestic & foreign traveling expenses. 2. The Appellant prays that the AO be directed to delete the addition of ₹ 2,81,448/- being value of fringe benefit on expenditure of ₹ 14,07,238/- for the purpose of calculating Fringe Benefit Tax (FBT) towards domestic & foreign travelling expenses. Ground No....

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....ulating Fringe Benefit Tax (FBT) towards travel. Ground No.IV - Travelling Expenses Domestic & Foreign 1. The CIT(A) erred in confirming an addition of ₹ 1,50,70,584/- being value of fringe benefit on expenses of ₹ 7,53,52,921/- incurred by the Appellant on travelling expenses domestic and foreign. 2. The Appellant prays that the AO be directed to delete the addition of ₹ 1,50,70,584/- being value of fringe benefit on expenditure of ₹ 7,53,52,921/- for the purpose of calculating Fringe Benefit Tax (FBT) towards travelling expenses for domestic and foreign travel. As stated earlier, in ITA No. 4139/Mum/2011, there are Seven Grounds of Appeal in addition to the Ground Nos. 1-5, mentioned in the chart at para 2, fo....

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....dering the submissions of the appellants, determined the values of FB with regard to various expenses, including the Telephone Expenses, Travelling Expenses and Expenditure incurred on gifts etc., 4. Appellants preferred appeals before the First Appellate Authorities (FAAs). After considering the arguments advanced by the appellants FAA, following the orders of his predecessors for AY 2006-07, upheld the additions made by the AO. Additions confirmed by the FAAs are part of the Grounds of Appeal by the appellants. 5. Before us Authorised Representative (AR) submitted that while deciding the appeals for the AY 2006-07, 'A' Bench of ITAT, Mumbai vide its order dt. 16-01- 2013 (ITA Nos. 7271/M/10; 7272/M/10; 7273/M/10; 7274/M/10; 7334/M/10; 7....