M/s Hero Cycles Ltd, Ludhiana V. ACIT, Ludhiana

ITA 694/CHANDI/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0691 (ITAT-CHANDIGARH)
• Duration Of Justice: 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 21-01-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 22-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K SAINI
• Assessee Lawyers: SUBHASH AGGARWAL
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH A, CHANDIGARH BEFORE SHRI T.R. SOOD, A.M AND MS. SUSHMA CHOWLA, J M ITA NO. 694/CHD/2012 ASSESSMENT YEAR : 2008-09 M/S HERO CYCLES LTD. V A.C.I.T. G.T. ROAD CIRCLE V, LUDHIANA HERO NAGAR LUDHIANA AAACH 4073 P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUBHASH AGGARWAL RESPONDENT BY: SHRI N.K. SAINI DATE OF HEARING : 21.1.2013 DATE OF PRONOUNCEMENT : 30.1 .2013 O R D E R PER T.R.SOOD, A.M THIS APPEAL IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT(A)-II, LUDHIANA DATED 25.5.2012. 2. IN THIS APPEAL THE ASSESSEE HAS RAISED THE FOLLO WING GROUNDS: 1 THE LD. CIT(A)-II, LUDHIANA HAS WRONGLY CONFIRME D THE ACTION OF ASSESSING OFFICER FOR TREATING THE S ELLING EXPENSES OF RS. 3,19,20,449/- BEING DISCOUNT IN SH APE OF CREDIT NOTES AND OTHER ITEMS AS SALES PROMOTION EXP ENSES AND CONSIDERED 20% AT RS. 63,84,090/- AS VALUE OF F RINGE BENEFIT TAX. (B) THAT THE LD. CIT(A)-II, LUDHIANA HAS WRONGLY INTERPRETED THE MEANING MENTIONED IN CIRCULAR NO. 8 /2005 DATED 29.8.2005 ISSUED BY CBDT WITH REFERENCE TO QUESTION NO. 61. (C) THAT THE LD. CIT(A)-II, LUDHIANA HAS WRONGLY HE LD THAT SUCH EXPENSES ARE NOT BASED ON PERFORMANCE ON DEALERS IN ACHIEVING THE SALE TARGET. (D) THE LD. CIT(A)-II, LUDHIANA HAS WRONGLY HELD TH AT SUCH EXPENSES ARE IN NATURE OF SALES PROMOTION AN D PUBLICITY RATHER THAN ORDINARY SELLING EXPENSES. 2 (E) THE LD. CIT(A)-II, LUDHIANA HAS WRONGLY CHARGED INTEREST U/S 115W1(3). 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT DURING THE ASSESSMENT PROCEEDINGS ON PERUSAL OF DETAILS OF SELLING EXPENSES IT WAS NOTICED BY THE ASSESSING OFFICER TH AT THE ASSESSEE HAS SPENT A SUM OF RS. 3,19,20,449/- UNDER THE SCHEME HERO BUMPER BONANZA FOREIGN TRIP AND ATTRAC TIVE GIFT. A SHOW CAUSE NOTICE WAS ISSUED TO THE ASSESS EE AS TO WHY FBT SHOULD NOT BE CHARGED ON THESE EXPENSES. I T WAS MAINLY EXPLAINED THAT THIS AMOUNT WAS SPENT TOWARDS INCENTIVES PAID TO THE DEALERS AND THE SAME WAS NOT COVERED BY CLAUSE D OF SUB-SEC 2 OF SECTION 115 WB IN VIEW OF THE CBDT CIRCULAR NO. 8/2005 DATED 29.8.2005. THE MAIN RELIANCE WAS PLACED ON ANSWER TO QUESTION NO. 61. DETAIL OF THE SCHEME WE RE ALSO FURNISHED AND RELIANCE WAS ALSO PLACED ON CERTAIN C ASE LAWS. THE ASSESSING OFFICER DID NOT FIND MERIT IN THE SUB MISSIONS AND WAS OF THE OPINION THAT THE SCHEME ISSUED BY THE AS SESSEE WAS IN NATURE OF SALES PROMOTION AND SAME WAS LIABLE TO FBT. ACCORDING TO HIM THE DIFFERENCE BETWEEN SELLING EXP ENSES AND SALES PROMOTION WAS THAT EXPENDITURE RELATING TO SA LES AND POST SALE GIFT WAS TO BE TREATED AS SELLING EXPENSES NOT LIABLE TO FBT WHEREAS EXPENDITURE FOR PROMOTION OF FUTURE SAL ES IS TO BE TREATED AS SALES PROMOTION AND WAS EXIGIBLE TO FBT. THEREFORE, ACCORDING TO HIM ANSWER TO QUESTION NO. 66 OF THE C IRCULAR NO. 8/2005 WOULD BE APPLICABLE. ACCORDINGLY HE SUBJECTE D A SUM OF RS. 3,19,20,449/- TO FBT AND 20% OF THE SAME WAS IN CLUDED IN THE VALUE OF FRINGE BENEFIT. 4 ON APPEAL BEFORE THE LD. CIT(A), THE SUBMISSIONS MADE BEFORE THE ASSESSING OFFICER WERE REITERATED AND RE LIANCE WAS ALSO PLACED ON CERTAIN DECISIONS. THE LD. CIT(A) E XAMINED THE 3 SUBMISSIONS AND REFERRED TO ANSWERS TO QUESTIONS NO . 61 & 66 AND OBSERVED THAT THERE WAS ONE ESSENTIAL DIFFERENC E BETWEEN THE INCENTIVES REFERRED TO QUESTION NO. 61 AND 66. ACCORDING TO HIM THE DIFFERENCE WAS THAT INCENTIVE GIVEN TO THE DISTRIBUTORS AS PER QUESTION NO. 61 RELATED TO THE EXPENSES INCU RRED TO MEET THE SALES TARGET WHEREAS THE INCENTIVES REFERRED TO IN QUESTION NO. 66 WERE GIVEN TO THE DEALERS BASED ON THE PURCH ASES MADE BY THEM IRRESPECTIVE OF THEIR SALE TARGET. HE FURT HER OBSERVED THAT AS PER POINTS NO. 2 & 3 OF THE SCHEME PROMISED FREE GIFTS/FOREIGN TRIPS TO THE DEALERS ON THEIR MAKING SPECIFIED AMOUNT OF PURCHASES IRRESPECTIVE OF THE QUANTITY OF SALES ACHIEVED BY THEM. THE SCHEME FURTHER PROVIDED THAT SAME WAS NOT CONVERTIBLE IN CASH IMPLIED THEREBY THE DEALER WILL GET ONLY FREE GIFTS OF FOREIGN TRIPS. THUS IT WAS CLEAR THA T THE SCHEME IS TO PROMOTE THE SALES OF THE ASSESSEE AND WAS NOT BA SED ON THE PROMOTION OF THE DEALER AND ACCORDINGLY ANSWER TO QUESTION NO. 66 IS APPLICABLE. IN THIS BACKGROUND THE APPEA L OF THE ASSESSEE WAS DISMISSED. 5 BEFORE US, THE LD. COUNSEL OF THE ASSESSEE REITER ATED THE SUBMISSIONS MADE BEFORE THE LOWER AUTHORITIES. HE MAINLY SUBMITTED THAT THE ASSESSEE HAD FORMULATED THE SCHE ME BY WAY OF INCENTIVES WHICH WERE TO BE PROVIDED TO THE DEAL ERS FOR EFFECTING THE SALES. INCENTIVES WERE AVAILABLE ONL Y AFTER CERTAIN QUANTITY OF CYCLES WAS LIFTED BY SUCH DEALER WHICH MEAN AS FAR AS THE COMPANY IS CONCERNED, THE SCHEME WAS APPLICA BLE ONLY AFTER A PARTICULAR LEVEL OF SALES AND THEREFORE, CL EARLY COVERED BY ANSWER TO QUESTION NO. 61 OF THE CIRCULAR. IN AN Y CASE THE ASSESSEE-COMPANY HAD NO RELATIONSHIP WITH THE DEALE RS AND 4 THEREFORE, PROVISIONS OF FBT WERE NOT APPLICABLE. HE ALSO RELIED ON THE FOLLOWING DECISIONS: CIT V. SANTOSH AGENCIES (1994) 210 ITR 78 (CAL) CIT V. THE STATESMAN LTD (1992) 198 ITR 582 (CAL) CIT V. HINDUSTAN MOTORS LTD (1991) 192 ITR 619 (CA L) ACIT V. TATA CONSULTANCY SERVICES LTD (2012) 20 ITR (TRIB) 239 (MUM) 6 ON THE OTHER HAND, THE LD. DR FOR THE REVENUE STR ONGLY RELIED ON THE ORDER OF THE LD. CIT(A) AND SUBMITTED THAT THE COMMISSIONER HAD MADE CORRECT DISTINCTION BETWEEN QUESTION NO. 61 & 66 OF THE CIRCULAR ISSUED BY THE BOARD. H E CONTENDED THAT IN THE CASE BEFORE US, THE INCENTIVES WERE ONL Y FOR LIFTING OF PARTICULAR QUANTITY OF CYCLES. SUCH CYCLES WERE ACTUALLY SOLD OR NOT BY THE DEALER WAS NOT RELEVANT FOR THE SCHEM E AND THEREFORE, IT CANNOT BE SAID THAT INCENTIVES GIVEN FOR ACHIEVING PARTICULAR TARGET OF SALES. IN THESE CIRCUMSTANCES QUESTION NO. 61 WAS NOT APPLICABLE BECAUSE SALE TARGET HAS NOT B EEN ACHIEVED. THE LD. CIT(A) HAS CORRECTLY APPLIED ANS WER TO QUESTION NO. 66 TO THE PRESENT SITUATION OF THE ASS ESSEE. 7 WE HAVE HEARD THE RIVAL SUBMISSIONS CAREFULLY. W E FIND THAT FOLLOWING SCHEME WAS LAUNCHED BY THE ASSESSEE- COMPANY WHICH HAS BEEN EXTRACTED BY THE ASSESSING OFFICER A S UNDER: HERO BUMPER BONANZA FOREIGN TRIP PLUS ATTRACTIVE GIFT (10.12.2007 TO 31.3.2008) DEAR FRIENDS, IT HAS BEEN A TRADITION WITH HERO TO CARRY ITS DEAL ER FRIENDS ALONG IN OUR ONWARD MARCH TO PROGRESS AND SUCCESS. WITH THIS SPIRIT WE KEEP LOOKING FORWARD TO FIND INNOVAT IVE WAYS 5 TO APPRECIATE THE EFFORTS OF OUR DEALER FRIENDS IN BRINGING HERO CYCLES TO THE LEADERSHIP STATUTE. AFTER THE OVERWHELMING SUCCESS OF OUR EARLIER SCHEM ES AROUND THE WORLD AND DISCOVER THE WORLD WHICH W ERE VERY MUCH LIKES BY OUR DEALER BRETHREN, WE HAD BEEN RECEIVING SUGGESTIONS FOR THE INTRODUCTION OF YET A NOTHER SCHEME ON SIMILAR PATTERN WHICH COULD ENABLE THEM T O AVAIL THE GREAT MOMENTS OF FULL OF RECREATION AND L EISURE IN THE EXOTIC FOREIGN COUNTRIES AS WELL AS EARN ATTRAC TIVE HOUSEHOLD ITEMS FOR THEIR FAMILIES. WE ARE AS SUCH PLEASED TO ANNOUNCE THIS SCHEME HER O BUMBER BONANZA THE SALIENT FEATURES OF THE SCHEME ARE AS UNDER: THIS SCHEME IS VALID FROM 10.12.2007 TO 31.3.2008 AND COVERS ALL SUPPLIES MADE DURING THE PERIOD. ATLEAST 3 MONTHLY LIFTING IN EQUALLY DISTRIBUTED QUANTITIES ARE REQUIRED IN THE SCHEME PERIOD TO QUALIFY FOR THE SAME. A MINIMUM OF 5% GROWTH IS REQUIRED OVER THE LIFTING DURING FOUR MONTHS LAST YEAR I.E. 1.12.2006 TO 31.3.2007. THE DEALER WHO HAVE JOINED US RECENTLY, THEIR TARGETS WOULD BE CALCULATED BY AVERAGE MONTHL Y LIFTING. IT WOULD BE THE RESPONSIBILITY OF THE DEALER FRIEND S TO CONTINUE MAKING THE PAYMENTS IN TIME TO ENSURE REGULAR SUPPLY SO AS TO GET THE BENEFIT OF THIS BONANZA. SALIENT FEATURES OF BONANZA 1 THIS SCHEME HAS TWO PARTS PART 1 ENCOMPASSES FABULOUS HOUSEHOLD DURABLE ITEMS FOR YOUR FAMILIES WHEREAS PART II ENABLES YOU TO WIN FOREIGN TRIPS ALONGWITH ATTRACTIVE HOUSEHOLD DURABLES. 2 PART I IS APPLICABLE TO THE DEALERS WHO LIFT ATLEAST 250 CYCLES DURING THE SCHEME PERIOD OF COURSE, BESIDES SHOWING 5% GROWTH OVER THEIR LIFTIN G IN FOUR MONTHS LAST YEAR I.E. FROM 1.12.2006 TO 31.3.2007. 3 PART II IS APPLICABLE TO THE DEALERS WHO LIFT A MINIMUM OF 600 CYCLES DURING THE SCHEME PERIOD BESIDES REGISTERING 5% GROWTH OVER THEIR LIFTING IN FOUR MONTHS I.E. FROM 1.12.2006 TO 31.3.2007. 4. A CHART GIVING DETAILS OF SLABS FOR ENTITLEMENT OF ATTRACTIVE GIFTS AND FOREIGN TRIPS PLUS GIFTS IS ENCLOSED AND YOUR ELIGIBILITY SHALL BE DETERMINED ON THE BASIS OF TOTAL LIFTING DURING SCHEME PERIOD AS PER RELEVANT SLABS. 6 5. THE SCHEME IS NEITHER TRANSFERABLE, NOR CONVERTIBLE TO CASH. 6 ALTHOUGH THE COMPANY WILL MAKE EVERY ENDEAVOR TO ENSURE EXECUTION OF THE AVAILED FOREIGN TRIPS, BUT THE SAME ARE SUBJECT TO FORCE MAJEURE CLAUSE IN THE EVENT OF NON-AVAILABILITY OF FLIGHTS/ VISA, INSUFFICIENT DOCUMENTATION OR UNFORESEEN OCCURRENCES, THE COMPANY RESERVES THE DISCRETION TO REORGANIZE THE TRIPS OFFERS. WE ARE SURE THIS BUMPER BONANZA SCHEME WILL HELP YOU ACCELERATE YOUR SALE OF HERO CYCLES. IT MAY NO T BE OUT OF PLACE TO MENTION THAT WE EXPERIENCE HEAVY PRESSURE OF ORDERS TOWARDS THE CLOSE OF SCHEME AND AS SUCH PLAN YOUR ORDERS IN SPLIT OVER MANNER FOR T HE SCHEME PERIOD RIGHT NOW, MARCH 31 ST BEING OUR STOCK TAKING DAY (30 TH IS SUNDAY) WE HAVE TO CONSIDER 29 TH MARCH, 2008 AS OUR CLOSING. WE WOULD, THEREFORE, WISH YOU TO PLEASE BE PARTICULAR IN ENSURING THAT YOUR ORDERS REACH US BEFORE 22/23 RD MARCH AND YOU COULD DERIVE MAXIMUM ADVANTAGE OF THIS LUCRATIVE OFFER. 8 FROM THE ABOVE IT IS CLEAR THAT THE SCHEME WAS VA LID FOR CERTAIN PERIOD AND WAS APPLICABLE TO THE DEALERS WH O DURING THAT PERIOD LIFTED THE QUANTITIES MENTIONED IN THE SALIENT FEATURES SCHEME. SUCH QUANTITIES WERE FURTHER SUBJ ECT TO THE CONDITION THAT IN ANY CASE 5% MORE THAN THE QUANTIT IES LIFTED IN EARLIER MONTHS. THEREFORE, AS FAR AS THE COMPANY I S CONCERNED, ONCE PARTICULAR QUANTITY IS LIFTED BY THE DEALER TH E SALES GET COMPLETED. THE DEPARTMENT HAS NOWHERE ALLEGED OR PR OVED THAT THE QUANTITIES LIFTED BY THE DEALER WERE RETURNED T O THE ASSESSEE-COMPANY. IT IS A CLEAR CASE OF INCENTIVE TO THE DEALER SO AS TO LIFT THE QUANTITY WHICH WAS MENTIONED IN T HE SCHEME. 9 THE CBDT IN THIS RESPECT HAS ISSUED A CIRCULAR NO . 8/2005 DATED 29.8.2005 THROUGH WHICH ANSWERS TO VARIOUS QU ESTIONS RELATING TO FBT WERE GIVEN. THIS WAS DONE BECAUSE FBT WAS A NEW TAX AND MANY DOUBTS WERE BEING ENTERTAINED IN T HE BUSINESS COMMUNITY. QUESTION NO. 61 & 66 OF THE CI RCULAR READ AS UNDER: 7 QUESTION NO. 61 WHETHER EXPENDITURE ON INCENTIVES GIVEN TO DISTRIBUTORS FOR MEETING QUANTITY TARGETS (INCLUDING FREE GOODS FOR ACHIEVING CERTAIN SALES T ARGET LIKE, 100 FREE TELEVISIONS FOR ACHIEVING A TARGET S ALE OF 10,000 TELEVISIONS AND CASH INCENTIVES ADJUSTABLE A GAINST FUTURE SUPPLIES) IS LIABLE TO FBT? ANSWER - INCENTIVES GIVEN TO DISTRIBUTORS FOR MEETI NG SALES TARGETS (INCLUDING FREE GOODS GIVEN AS INCENT IVE TO DISTRIBUTORS FOR ACHIEVING CERTAIN SALES AND CASH INCENTIVES ADJUSTABLE AGAINST FUTURE SUPPLIES) ARE IN THE NATURE OF PERFORMANCE BASED COMMISSION. SUCH PERFORMANCE BASED COMMISSION IS IN THE NATURE OF ORDINARY SELLING COST. THEREFORE, EXPENDITURE INC URRED FOR THE PURPOSE OF PROVIDING INCENTIVES GIVEN TO DISTRI BUTORS FOR MEETING SALES TARGETS (INCLUDING FREE GOODS FOR ACHIEVING CERTAIN SALES TARGET AND CASH INCENTIVES ADJUSTABLE AGAINST FUTURE SUPPLIES) DO NOT FALL WIT HIN THE SCOPE OF CLAUSE (D) OF SUB SEC (2) OF SEC 115 WB AN D, THEREFORE, NOT LIABLE TO FBT. QUESTION NO. 66 WHETHER EXPENDITURE ON FREE OFFER S (WITH PRODUCTS) SUCH AS FREEBIES LIKE TATTOOS, CRIC KET CARDS OR SIMILAR PRODUCTS, TO TRADE OR CONSUMERS (EXCLUDI NG EMPLOYEES) IS LIABLE TO FBT? FURTHER WHETHER EXPEND ITURE INCURRED ON THE ARTWORK OR FOR PAYMENT OF ROYALTY C HARGES IN RESPECT OF SUCH FREEBIES LIABLE TO FBT? ANY EXPENDITURE (INCLUDING EXPENDITURE ON ARTWORK A ND ROYALTY CHARGES) ON FREE OFFERS (WITH PRODUCTS) SUC H AS FREEBIES LIKE TATTOOS, CRICKET CARDS OR SIMILAR PRO DUCTS, TO TRADE OR CONSUMERS (EXCLUDING EMPLOYEES) IS FOR THE PURPOSES OF SALES PROMOTION AND, PUBLICITY AND ACCORDINGLY , LIABLE TO FBT. CAREFUL READING OF BOTH THE ABOVE QUESTIONS AND ANS WERS SHOW THAT QUESTION NO. 61 RELATES TO THE SITUATION WHERE INCENTIVE ARE GIVEN TO THE DISTRIBUTORS FOR MEETING QUANTITY TARG ET. THIS CAN BE IN THE FORM OF FREE GIFTS LIKE TELEVISION OR CAS H INCENTIVES OR EVEN FOREIGN TRIP. ON THE OTHER HAND, SITUATION COV ERED BY QUESTION NO. 66 RELATES TO FREE GIFTS TO DISTRIBUTO RS AS WELL AS THE CONSUMERS WITHOUT ANY QUANTITATIVE TARGET. IN OUR OPINION, THESE ARE TWO DIFFERENT SITUATIONS AND APPLY SEPARA TELY. FOR EXAMPLE IN CASE OF QUESTION NO. 61, THE SITUATION C AN BE THAT OF FREE MIXY WOULD BE GIVEN IF THE DEALER ACHIEVE THE TARGET OF LET US SAY 100 NOS. IF THE DEALER ACHIEVES TARGET OF M ORE THAN 250 NUMBER THEN HE WOULD BE ENTITLED TO A FREE TELEVISI ON AND IF 8 SUCH DEALER ACHIEVES THE TARGET OF MORE THAN 1000 N UMBER THEN HE WOULD BE ENTITLED TO FREE FOREIGN TRIP. THIS SI TUATION WOULD BE COVERED BY ANSWER TO QUESTION NO. 61 AND WOULD B E KNOWN AS INCENTIVE TO THE DEALER. THE SITUATION IN QUEST ION NO. 66 CAN BE OF VARIOUS TYPES. FOR EXAMPLE IF THE CONSUMER B UYS ONE TROUSER AND HE MAY BE ENTITLED TO ONE FREE SHIRT OR THE DEALER WOULD GET A FREE SILVER COIN BEING OFFERED ON EVERY 10 UNITS OF THE PRODUCTS SOLD. THEREFORE, SITUATION IN QUESTIO N NO. 66 IS QUITE DIFFERENT BECAUSE THAT DOES NOT REFER TO A PA RTICULAR TARGET AND IS AVAILABLE FOR TRADE SALE OR TO CUSTOMERS. T HE ASSESSING OFFICER AND THE CIT(A) HAS BOTH OPINED THAT MERELY BY LIFTING OF A PARTICULAR QUANTITY OF THE PRODUCT SOLD BY THE AS SESSEE, IT CANNOT BE SAID THAT DEALER HAS ACHIEVED A PARTICULA R TARGET BUT WHILE HOLDING SO THEY HAVE NOT CONSIDERED BASIC EFF ECT THAT AS FAR AS THE ASSESSEE-COMPANY IS CONCERNED, ONCE A PA RTICULAR QUANTITY IS LIFTED FROM IT, IT BECOMES SALES FOR TH E ASSESSEE- COMPANY AND FROM POINT OF VIEW OF THE COMPANY PARTI CULAR SALES TARGET STANDS ACHIEVED BY THAT DEALER. THERE MAY B E A SITUATION WHERE THE DEALER ACHIEVED A SALE TARGET O F SAY 580 CYCLES OBVIOUSLY FOR THE PRIZE OF FOREIGN TRIP HE W OULD LIFT ANOTHER 20 CYCLES AND CAN GET HIGHER PRIZE. THIS W ILL NOT EFFECT THE POSITION OF THE COMPANY BECAUSE FROM THE COMPAN YS POINT OF VIEW SALE TARGET OF 600 CYCLES HAS BEEN ACHIEVED BY THAT DEALER. THEREFORE, IN OUR VIEW IN THE CASE BEFORE US, THE ASSESSEE HAS SIMPLY FRAMED A SCHEME WHICH WAS MEANT TO PROVIDE CERTAIN INCENTIVES TO THE DEALER FOR ACHIEV ING PARTICULAR TARGET AND IS CLEARLY COVERED BY THE SITUATION COVE RED BY ANSWER TO QUESTION NO. 61 IN THE CIRCULAR NO. 8/200 5 ISSUED BY THE CBDT. THEREFORE, WE SET ASIDE THE ORDER OF TH E LD. CIT(A) AND DIRECT THE ASSESSING OFFICER NOT TO INCLUDE THE AMOUNTS 9 SPENT ON HERO BUMPER BONANZA FOREIGN TRIP AND ATTR ACTIVE GIFT. IN THE FRINGE BENEFIT. 10 IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED ON 30.01.2013. SD/- SD/- (SUSHMA CHOWLA) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEM BER DATED : 30 .01.2013 SURESH COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/THE DR 10 11