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Income Tax

Board circular which provides that even the indirect expenditure which benefit employees’ welfare is covered under FBT is not applicable

Case Law Details

TaxGuru Citation
2011 taxguru.in 792
Case Name
Karnataka Power Transmission Corporation Ltd. Vs DCIT (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007- 08
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Karnataka Power Transmission Corporation Ltd. Vs DCIT (ITAT Bangalore)- Whether the expenditure incurred on repair and maintenance of residential quarters of the staff which were owned by the assessee company can be treated as a benefit given to the employees and is covered under clause (E) of subsection (2) of section 115WB relating to employees’ welfare– Whether the Board circular which provides that even the indirect expenditure which benefit employees’ welfare is covered under FBT is not applicable as the expenditure incurred by the assessee to upkeep its assets doesn’t mean even remotely that the benefits were provided to employees either directly or indirectly. – Assessee’s appeal allowed.

Karntaka Power Transmission Corporation Ltd Vs DCIT,

Decided by-ITAT Bangalore

ITA No. 983/Bang/2010

Assessment year : 2007- 08

Decided on – 31st May, 2011.

O R D E R

Per A. Mohan Alankamony, Accountant Member

This appeal instituted by the assessee Company – KPTCL – is directed against the order of the Ld. CIT (A)-LTU, Bangalore in ITA NO: 43/CIT(A)-LTU/09-1 0 dated: 18.5.2010 for the assessment year 2007-08.

2. The assessee company has raised five grounds in its grounds of appeal, out of which ground Nos. 1 & 5 do not survive for adjudication as they are general in nature and no specific issues involved. In the remaining grounds, the substance of the issue is confined to a lone ground that –

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