2018 (6) TMI 1520

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....M.K. Patel, Ar For the Revenue- Shri Prasoon Kabra, Sr.DR ORDER PER RAJPAL YADAV, JUDICIAL MEMBER: Assessee is in appeal before the Tribunal against order of the ld.CIT(A)-I, Baroda dated 18.9.2013 passed for the assessment year 2009-10. 2. The grounds of appeal taken by the assessee reads ass under: 1. The learned Commissioner of Income Tax (Appeals) has erred in law and f....

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....or the assessee at the very outset submitted that this issue has been decided against the assessee by the ITAT in one of its concern viz. Gujarat Urja Vikas Nigam Ltd. in ITA No.2265 and 2266/Ahd/2010 for the assessment years 2006-07 and 2007-08. He placed on record copy of Tribunal's order. 4. With the assistance of the ld.representatives, we have gone through the record carefully. Though in t....

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....benefits taking into account the items at (A) to (P) mentioned in section 115WB(2). It is pertinent to note that all the expenditure has been incurred on the employees of the assessee. Admittedly, no part of the expenditure in question has been incurred on non-employees. Moreover, the assessee has itself deposited the FBI into government treasury and not in an escrow account with a scheduled bank.....

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....e case of AY 2007-08 of the above case of Gujarat Urja Vikas Nigam Ltd. are identical to the facts and circumstances of case of appellant for the year under consideration i.e. for AY 2009-10 and therefore following the above decision of my predecessor i.e. ld.CIT(A)-I, Baroda it is held that the appellant was liable to fringe benefit tax. In view of this action of the AO in this regard is accordin....