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TMI Blog2020 (3) TMI 1140X X X X Extracts X X X X X X X X Extracts X X X X ..... WE(3). (2) The Assessing Officer was erred in law by allocating travelling expenses of Rs. 579.86 lakhs- 70% to tour & travels and 30% to conveyance charges. (3) By allocating the same, AO assessed fringe benefit on travelling Rs. 55,08,670/-. (4) Nicco Corporation Limted computed fringe benefit Rs. 132.02 lakhs and paid FBT Rs. 45.32 lakhs, which included travelling foreign Rs. 29.40 lakhs. (5) Assessing Officer was erred in ignoring computation sheet of fringe benefit prepared by Nicco Corporation Ltd.". 2. The assessee in the present case is a Company, which is engaged in the business of manufacturing of electric cables, conductors and wires galvanize steel tapes etc. The return of income for the year under consideration was fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer under section 115WE(3) of the Act, an appeal was preferred by the assessee before the ld. CIT(Appeals) challenging the additions made by the Assessing Officer to the fringe benefit value under the head "conveyance" and "tour and travelling". During the course of appellate proceedings before the ld. CIT(Appeals), the details of travelling and conveyance expenses amounting to Rs. 579.86 lakhs were furnished by the assessee and it was contended that the said expenses incurred by the assesese-company did not accrue any fringe benefit directly or deemingly to any person. This contention raised on behalf of the assesee-company was not found acceptable by the ld. CIT(Appeals) in the absence of any supporting vouches or docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d rejected the claim of the assessee without giving such opportunity. There is thus a violation of principle of natural justice by the ld. CIT(Appeals) and keeping in view the same, we consider it fair and just to set aside the impugned order passed by the ld. CIT(Appeals) confirming the additions made by the Assessing Officer to the fringe benefit value and restore the matter to the file of the Assessing Officer for deciding the same afresh after giving an opportunity to the assessee to produce the relevant supporting evidence to support and substantiate its claim that the expenses incurred on travelling and conveyance did not accrue any fringe benefit directly or deemingly to any person. 5. In the result, the appeal of the assessee is tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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