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may 2008

Supreme Court of India · 2008-05-06

R & B FALCON (A) PTY LTD. vs COMMISSIONER OF INCOME TAX

Citation / case number
SC 2007/14075
Court
Supreme Court of India
Petitioner
R & B FALCON (A) PTY LTD.
Respondent
COMMISSIONER OF INCOME TAX

Judgment text excerpt

The Supreme Court interpreted Section 115WB of the Income Tax Act, 1961, concerning the imposition of Fringe Benefit Tax (FBT) on transportation costs for employees working on Mobile Offshore Drilling Rigs. The Court held that the transportation provided by the employer for employees commuting from their home countries to the place of work does not constitute a fringe benefit under the Act, as it is not a privilege or amenity provided for employment. Consequently, the appeal was allowed, and the imposition of FBT was set aside.

R & B FALCON (A) PTY LTD. vs COMMISSIONER OF INCOME TAX · Niyam