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2021 (9) TMI 187 - AT - Income TaxDeduction u/s 10A - return of income declaring fringe benefit tax (FBT) at concessional rate of 5% on expenditure on conveyance, hotel and boarding facilities - HELD THAT:- The present proceedings is out of fringe benefit tax. The assessee had claimed concessional rate of tax at 5% on certain expenditure stating its activities constitute ITES as specified in CBDT Notification. The assessee had claimed deduction u/s 10A of the I.T.Act on the ground that the activities of the assessee constitute ITES, and hence, it is a ITES undertaking, eligible for deduction u/s 10A of the I.T.Act. The Assessing Officer disallowed the claim of deduction u/s 10A of the I.T.Act on the ground that the activities of the assessee does not constitute ITES. On appeal, the CIT(A) held the activities of the assessee constitute ITES and assessee was eligible for deduction u/s 10A. The activities of the assessee are in the nature of ITES and is eligible for deduction u/s 10A of the I.T.Act, the issue whether the activities of the assessee constitute ITES has attained finality. Accordingly, the concessional rate of FBT at 5% claimed by the assessee also stands upheld. Appeal filed by the assessee is allowed.
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