TMI Blog2014 (8) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of computing perquisite value would be Sl.No.2 of Table-1 of Rule 3 of the IT Rules, 1962. We uphold the order of the CIT(A) and dismiss the appeals by the Assessee. - ITA No.453 to 456(Bang) 2014 & S.P.Nos.123 to 126(Bang)/2014 - - - Dated:- 27-8-2014 - SHRI RAJ PAL YADAV, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER Assessee by : Smt. Sheetal, Advocate Revenue by : Shri Biju M.K, JCIT O R D E R PER BENCH; Assessee in these appeals is aggrieved on levy of tax under section 201(1), treating it as an assessee in default and levy of interest under section 201(1A) for the respective assessment years, which were confirmed by the learned CIT(A). 2. Learned counsel for the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 of the Constitution. The correctness of the decision was considered by a larger bench of 5 judges. The Hon ble Supreme Court after analysis of the financial, administrative and other control of the Government over CSIR further noticed that on 31st October 1986 in exercise of the powers conferred by sub-section (2) of Section 14 of the Administrative Tribunals Act, 1985, the Central Government specified 17th November 1986 as the date on and from which the provisions of sub-section (3) of Section 14 of the 1985 Act would apply to CSIR being the Society owned and controlled by Government'. The Hon ble Supreme Court taking note of this fact further opined that a reading Art. 323 (A) of the Constitution and Section 14 of the 1985 Act makes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liance placed by the learned counsel for the Assessee on the aforesaid decision is of any help to the present case. The question in the case of Pradeep Kumar Biswal (supra) was regarding as to whether CSIR is State within the meaning of Article 12 of the Constitution of India. As rightly submitted by the learned DR before us, the meaning of the word State has been defined in Article 12 of the Constitution of India and the decision has to be confined to those cases and cannot extent to interpretation of Rule 3 of the IT Rules, 1962. Public corporations are established by Government to achieve purpose of welfare state. Financial autonomy and functional autonomy are required for such purpose. These corporations are commercial corporations, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r abolish the post or can regulate the conditions subject to which the post is or will be held and if the Union or the State pays the holder the post out of its own funds, then although the post carries the name of an office of the statutory corporation, it may be a civil post under the State or the Union. 11. We are of the view that in the light of the law on Rule 3 of the IT Rules, 1962 as understood by the Hon ble Supreme Court in the case of Arun Kumar (supra) and the background in which Rule 3 was enacted w.e.f. 1-4-2001 as explained in the CBDT circular referred to earlier, we are of the view that the applicable rule in the case of the Assessee for the purpose of computing perquisite value would be Sl.No.2 of Table-1 of Rule 3 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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