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2018 (6) TMI 1037 - ITAT DELHIDisallowance of advertisement expenditure considering as fringe benefit - chargeability to tax as fringe benefit - Held that:- Assessee has given a detailed break-up which shows that expenditure are not chargeable to tax of fringe benefit - most of the expenditure are advertisements, banners, newspapers, printed materials etc. on which FBT is not chargeable - ssessee has himself stated that conference charges have already been considered in return of FBT including dealers’ conference expenses - also scholarship was also offered for taxation - Fringe Benefit Tax is not leviable on channel placement charges paid to cable operators by T.V. Channel Companies - thus we hold that addition upheld by the learned CIT (Appeals) deserves to be deleted - Decided in favor of assessee. Disallowance of 20% of expenditure considering as fringe benefit towards provision of transport facilities to employees for commuting between the office and residence - Held that:- Copy of the agreement with M/s. Varun Voyages are claimed by the Revenue authorities that it does not only include the transportation of the staff, but to other members also - assessee has not furnished the complete information with respect to the payment - assessee has not shown how ₹ 40 lakhs paid to M/s. Varun Voyages are utilized - no evidences such as log book or any other material are produced to show that whole amount has been spent on transportation expenses of staff only. The assessee failed concurrently at lower authorities to submit that detail - thus in absence of any details forth-coming from assessee, we do not have any option but to make a fair estimate - hence we hold that 50% of the expenditure of ₹ 40 lakhs may be considered as tours and travel expenditure and 20% thereof may be retained as the fringe benefit in the hands of the assessee - thus appeal of assessee is partly allowed.
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