2018 (6) TMI 1520

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....ri 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 facts in Confirming the total value of Fringe Benefit....

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....ed 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 the return of income the assessee has declared NIL fringe benefit, but on peru....

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.... 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. Thus, the appellant appears to have considered itself to be part of category (1) as h....

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....nd 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 accordingly confirmed. The AO has merely accepted the valuation of taxable fringe benefits tax as worked out....