FBT on conveyance facility provided by the employers

This query is : Resolved

CA-ASPIRANT (Querist)
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13 May 2009 Sir,

Please let me know that if a company hires buses for its employee commutation and payment is made to the traveller company. Is it liable to FBT or not.

CA Devin

CA Devin (Expert)
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13 May 2009 No... journeys by employees from their residence to place of work is not to be treated as privilage & hence shall not be liable to FBT.

CA Suresh Choudhary

CA Suresh Choudhary (Expert)
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13 May 2009 agree with expert

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Jitendra

Jitendra (Expert)
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13 May 2009 Please refer the subsection (3) of Section 115WB

Section 115WB:
(1).....

(3) For the purpose of sub section (1), the privilege, service, facility or amenity does not include perquisite in respect of which tax is paid or payable by the employee or any benefit or amenity in the nature of free or subsidized transport or any such allowances provided by the employer to his employees for the journeys by the employees from their residence to the place of work or such place of work to the place of residence.

This clause was added by finance act 2006 & effective from AY 2007-2008.

Prior to that as per the FAQ no 104 of CBDT circular No 8/2005 such transport facility is not liable to FBT only if such facility is in lieu of conveyance/transportation allowances.

Refer following FAQ of that circular

Whether expenditure incurred by the employer for the purposes of providing free or subsidized transport for journeys to employees from their residence to the place of work or such place of work to the place of residence would attract FBT ?

104. The free or subsidized transport provided to employees for journeys from their residence to the place of work or such place of work to the place of residence is in lieu of conveyance/transportation allowance, which is not liable to FBT. Accordingly, the expenditure incurred by the employer for the purposes of providing free or subsidized transport for journeys to employees from their residence to the place of work or such place of work to the place of residence will not be liable to FBT.