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2013 (7) TMI 690 - AT - Income TaxFringe Benefit Tax (FBT) - Nature of expenditure - Whether the expenditure was incurred by the assessee for channel placement which is made to third persons and there is no employer-employee relationship between the assessee and the recipient - the Circular of the CBDT as well as the decision of Hon'ble Apex Court in the case of R & B Falcon (A) Pty.Ltd. Vs. CIT (2008 (5) TMI 2 - Supreme court ) (supra) would be squarely applicable - Held that:- In respect of payment to third persons, FBT is not applicable because no fringe benefit is enjoyed by the employee/recipient - payment is in the nature of expenditure incurred for the purpose of business expenditure incurred by the assessee is not in the nature of expenditure for sales promotion and has incurred the expenditure for broadcasting of its channels on the desired bands - appeal allowed in favour of assessee.
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