On appeal by the assesee the Court held that the assessee is a body controlled by the Central Government, however it cannot be equated as Central Government. The assessee cannot claim that the valuation of perquisites in respect of accommodation provided to employees SI. No 1 of table 1 of Rule 3 does not apply. As regards levy of penalty the Court held that Tribunal in another assesse has taken the view that the view being bona fide estimate penalty cannot be levied. Accordingly the penalty was deleted. (AY. 2007-08 to 2011-12)
Central Food Technological Research Institute v. ITO (2021) 439 ITR 735 / 204 DTR 361 / 322 CTR 225 (Karn.)(HC)
S. 192 : Deduction at source-Salary-Provision of residential accommodation by employer-Valuation of perquisite-Perquisite-Liable to deduct tax at source-Cannot equated with an accommodation provided by the Central Government-Assessee in default-Bona fide estimate-Penalty cannot be levied-Contrary view of Tribunal. [S. 15, 17(2), 201, 201(IA), ITR, 1962, R. 3(1)]