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2023 (10) TMI 1280 - DELHI HIGH COURTLevy of fringe benefit tax (FBT) on expenditure claimed concerning advertisement - Assessee claimed that it may not be able to produce all bills, as the record was voluminous and maintained in different branches - CIT(A) had arrived at a solution, by giving assessee benefit to the extent that the bills were produced and balance amount [ 50%] was disallowed - HELD THAT:- Even though the Tribunal has given complete benefit of the expenditure claimed by assessee in terms of 115WB read with Section 115WC of the Income Tax Act, 1961 [in short, “the Act”], the respondent/assessee would be quite satisfied if the order of the CIT(A) is sustained instead. As revenue, says that this may perhaps be the best outcome, given the fact that this is the matter which pertains to AY 2008-09 and even if this Court were to remand the matter to the AO, it will be difficult for the respondent/assessee to produce the record. Since substantial number of bills were produced by the respondent/assessee qua which no defect was found, this may be a reasonable outcome in the present appeal. We tend to agree with the submissions made by both parties impugned order is set aside, and instead the order passed by the CIT(A) is restored.
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