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2012 (8) TMI 255 - AT - Income TaxTelephone and mobile expenses are treated as deemed FBT – No where from the reading of sub section 1 or sub section 2 of section 115WB, it is found that postage, email and courier have been treated to the part of FBT or deemed FBT - Postage and courier charges cannot be in any manner be treated as benefit of any kind to any employee as it is purely a business expense of the assessee - email expenses are also part of the business expenses as it does not give any fringe benefit to any employee, unless the company is paying for personal email expenses of the employees - assessee has rightly excluded the amount of expenditure debited under the head postage, email, lease line and courier from the FBT – in favor of assessee Travelling expenses - Held that:- assessee has offered sum of Rs 10,92,547/- under Section 115WB(2)(Q) and others under different clauses, which aggregates to Rs. 12,20,72,623/-. If the Assessing Officer would have carefully perused the said statement filed before him, then definitely he would not have come to the conclusion that there is a difference - Rate of 5% should be applied, in view of the provision of section 115WB©(1)(e), wherein 5% of the tax has been prescribed for expenses referred to in clause Q of sub-section 2 of Section 115WB - Assessing Officer is directed to apply the rate of 5% on the fringe benefit value offered by the assessee under the head tour and travel expenses - appeal of the assessee is allowed.
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