TaxTMI 
TaxTMI 
2021 (7) TMI 1053
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....strial Research established in 1962 by resolution of the then Central Legislative Assembly, registered under the Registration of Societies Act of 1860? (b) Whether the appellant which functions directly under the control of the Ministry of Science and Technology of the Government of India and receiving annual grants from the Government of India based on budget proposal from the Ministry of Science and Technology after approval of the Planning Commission and when the employees were governed by the Government of India Pay and Allowance Rules, Conduct Rules and other rules as applicable to the Central Government employees, can valuation of perquisite to such employees could be made without applying Sl.No.1 of Table-1 of Rule of the IT Rules, 1962 and consequently whether the authorities were justified in holding that there was short deduction of tax at source under Section 192 of the Act to consider the Appellant as a defaulter to apply the provisions of Section 201(1) and 201(1A) of the Act? (c) If the answer to Question No.2 above is in affirmative still can the appellant-institute be held to be a defaulter to apply the provisions of Section 201(1) and 201(1....
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.... tribunal by an order dated 04.07.2013 inter alia held that statutory Corporation has a separate and independent existence and is a different entity from Union of State Government with regard to its property and funds. It was further held that the case of the assessee for the purposes of computing perquisite value is governed by Sl.No.2 of Table 1 appended to Rule 3 of the Rules. Accordingly, the appeal was dismissed. In the aforesaid factual background, this appeal has been filed. 4. Learned counsel for the assessee submitted that though assessee is a autonomous body registered under the 1860 Act, it functions directly under the control of Ministry of Science and technology, Government of India and receives annual grant from the Government of India. It is also submitted that employees of the assessee are governed by the pay and allowance rules, conduct rules and other rules, which are applicable to Central Government employees. It is further submitted that the employees of the assessee are at par with the Central Government employees and are entitled to valuation of perquisites as provided under Sl.No.1 of Table of Rule 3. It is further submitted that the assessee had rightly v....
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....e has to look merely at what is clearly said. There is no room for any intendment. There is no equity about a tax. There is no presumption as to tax. Nothing is to be read in, nothing is to be implied. One can only look fairly at the language used. [See: BANARASI DEBI VS. ITO, AIR 1964 SC 1742]. It is equally a well settled legal proposition that in all tax matters one has to interpret the taxation statute strictly. Simply because one class of legal entities is given a benefit which is specifically stated in the Act, does not mean that the benefit can be extended to legal entities not referred to in the Act as there is no equity in matters of taxation. 7. The issue, which arises for consideration is whether the assessee, which is registered as a Society under the 1860 Act and is one of the constituent units of CSIR can be treated as Central Government as provided in Sl.No.1 of Table 1 appended to Rule 3(1) of the Rules. Before proceeding further, it is apposite to take note of relevant extract of Section 17(2) Explanation 1, Rule 3(1) read with relevant extract of Table 1 appended to it, which read as under: 17(2) "Perquisite" includes - (i) the value of....
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.... the value of the accommodation determined under sub-clause(ii) of clause (1) as increased by the value of the furniture and fixtures in respect of the period during which the said accommodation was occupied by the assessee during the previous year exceeds the rent recoverable from, or payable by, the assessee; (d) in a case where the accommodation is provided by the employer in a hotel (except where the assessee is provided such accommodation for a period not exceeding in aggregate fifteen days on his transfer from one place to other), the value of the accommodation determined at the rate of twenty four per cent of salary paid or payable for the previous year or the actual charges paid or payable to such hotel, whichever is lower, for the period during which such accommodation is provided, exceeds the rent recoverable from, or payable by, the assessee. Sl.No. Circumstances Where accommodation is unfurnished Where accommodation is furnished 1. Where the accommodation is provided by the Central Government or any State Government to the employees either holding office or post in connection with the affairs of the Union or of such State or serving with any b....