CIT (LTU) v. Toyota Kirloskar Motor Pvt. Ltd( 2020) 194 DTR 297/ 317 CTR 244 / (2021)430 ITR 65 / 278 Taxman 100(Karn)(HC)

S. 115WB : Fringe benefits – Sales promotion and dealers conference –No nexus with employer and employee relationship-Not assessable as Fringe benefits[ S.115WB(2)(c ) 115WB (2) (d) ]

Dismissing the appeal of the revenue the Court held that the expenditure incurred by the assessee on sales promotion had no nexus on employer-employee relationship and for expenses incurred in holding dealers’ meet, the question of employer-employee relationship did not arise. The Tribunal was correct in holding that the fringe benefits brought to tax on account of sales promotion expenses and conference charges did not attract the provisions of section 115WB . The expenditure was incurred by the assessee for the purpose of holding a dealers’ conference. Therefore, such expenditure could not have been considered for determining the assessee’s liability towards fringe benefits tax under section 115WB(2)(c) . Similarly, the expenses incurred by the assessee towards sales promotion could not be taxed in view of the provision contained in section 115WB(2)(d) . Order of the Tribunal is affirmed .  ( AY.2009-10)