TIOL-DDT 860 · Wednesday, 7 May 2008 · story 7 of 7

Today's case

FBT - Non-resident company providing transportation to employees from residence outside India to place of work and back home - Supreme Court upholds Advance Ruling that exemption provisions not applicable to sub-section(2) of Sec 115WB.

We bring you today an important judgement of the Supreme Court on FBT. IN the first ever case involving the new and most contentious Fringe Benefits Tax (FBT), the Supreme Court of India has partly upheld the decision of the Authority for Advance Ruling (ARA) given, in December 2006, against the non-resident assessee doing business through a Permanent Establishment (PE) in India. The issue was whether the assessee was liable to pay FBT for providing transportation and movement of offshore employees for their residence and home countries outside India to the place of oil rig in India and back home?