TMI Blog2018 (4) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue that payments were made to the employees and not their parties. As accepted by the Revenue that the issue in the context of the present facts, stands concluded by the decisions of this Court in Tata Consultancy Services (2015 (5) TMI 518 - BOMBAY HIGH COURT) and Lionbridge Technologies Pvt. Ltd., (2018 (4) TMI 1069 - BOMBAY HIGH COURT). - Decided against revenue - Income Tax Appeal No. 1311 of 2015 with Income Tax Appeal No. 299 of 2016 Income Tax Appeal No. 300 of 2016 Income Tax Appeal No. 804 of 2016 - - - Dated:- 16-4-2018 - M.S. SANKLECHA SANDEEP K. SHINDE, JJ. Mr. Tejveer Singh, for the Appellant in all the Appeals. Mr. Hiten Chande i/b. PDS Legal, for the Respondent in all the Appeals. P.C: This Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer by order dated 29th December, 2008 enhanced the income chargeable to FBT from ₹ 12.04 Crores to ₹ 26.81 Crores. This by including in the income expenses incurred purely for business purposes as chargeable to FBT. It held that the expenditure need not arise out of employee/ employer relationship. This, by placing reliance upon Section 115 WB(2) of the Act, which creates a deemed fringe benefit. Thus, holding that once expenditure has been incurred as specified in sub-section 2 of Section 115WB of the Act, then the same would be subject to FBT under Section 115WA of the Act. 5. Being aggrieved, the Respondent preferred an appeal to the Commissioner of Income Tax (Appeals) [CIT(A)]. By an order dated 20th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the Revenue does not dispute the above position viz: issue is concluded by the above decisions of this Court. 8. In the present facts, we find that the Tribunal has rendered a finding of fact that the expenditure has been incurred to make payment to third parties. Inasmuch as, this payment nowhere arises out of the employee/employer relationship. It is a business expenditure, pure and simple as also accepted by the Assessing Officer in the Assessment Order dated 20th December, 2008 (statement annexed thereto). It is not even the case of the Revenue that payments were made to the employees and not their parties. 9. In view of the above as it is accepted by the Revenue that the issue in the context of the present facts, stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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