KANGA & CO.,MUMBAI vs. A.C.I.T. (11)(2), MUMBAI
What did the Tribunal hold?
The tribunal held that an employer-employee relationship is a prerequisite for levying fringe benefit tax. Following the Bombay High Court's decision, the tribunal found no merit in taxing payments made to partners as fringe benefits.
What were the facts?
The assessee, a partnership firm of advocates, was assessed for fringe benefits on conveyance expenses paid to its partners. The assessee argued that fringe benefits tax is only applicable in an employer-employee relationship, which does not exist between a firm and its partners.
What were the issues?
Whether fringe benefit tax can be levied on payments made to partners of a firm, considering the absence of an employer-employee relationship.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Tata Consultancy Services Ltd.5 citing374 ITR 112 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, “A”, BENCH MUMBAI
Before: SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH, JM
O R D E R
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