ADANI WILMAR LIMITED Vs. DCIT

JUDGEMENT

(1.) THIS appeal has been filed by assessee against the order of Commissioner of Income Tax (Appeals) -VI, Ahmedabad, dated 03.09.2010 for A.Y. 2006 -07 on the following grounds:

(2.) Assessee company filed its Fringe Benefits Tax (FBT) return on 28.11.2006 declaring FBT of Rs. 1,38,48,770/ -. Assessing Officer in assessment order whereby fringe benefit value was assessed at Rs. 67.63 lacs. Assessing Officer found that sales promotion and publicity, conveyance, tours and travelling expenses, telephone and other allowances and motor car expenses are specifically included for the purpose of Fringe Benefit Tax and specific percentage was treated as value of fringe benefit. Since the value was to be deemed as per provisions of Act, Assessing Officer added the value of Fringe Benefit Tax not included by assessee.

(3.) Matter was carried before the First Appellate Authority, wherein various contentions were raised on behalf of assessee. Having considered the same, CIT(A) confirmed the order of Assessing Officer on issue. Accordingly, addition to the value of fringe benefit made by Assessing Officer was confirmed.