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2011 (10) TMI 383 - AT - Income TaxFringe Benefit Tax - amount paid to approved hospitals on behalf of the employees and the reimbursements given to employees against the payments made by them to the approved hospitals – Held that:- In sub-section (3) of s.115WB of the Act, it is made crystal clear that s.115WB(1)(a) does not include such perquisite in respect of which tax is paid or payable by the employees. In the present case, the medical reimbursement is taxable but for the exemption provided in the proviso (ii) to s.17(2) of the Act. It cannot be said, merely because of grant of exemption, that the tax is not payable. Therefore, a specific item of perquisite which is normally taxable in the hands of individual employee cannot be subjected to FBT, only for the reason that the same is exempt in the hands of the employees. - Decided in favor of assessee.
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