DCIT(E), CIR-2, Kolkata, Kolkata V. M/s Assam Cricket Association, Guwahati

ITA 599/KOL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5728 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-07-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 28-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Assessee Lawyers: REEFAT SAQUEI M COM
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B, KOLKATA BEFORE SH. S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 599/KOL/2017 [ASSESSMENT YEAR: 2013-14] D CIT (E) , CIRCLE-2, KOLKATA. VS M/S. ASSAM CRICKET ASSOCIATION NEHRU STADIUM, R G BARUAH SPORTS COMPLEX, GUWAHATI-781007. PAN- AAAJA0448C (APPELLANT) (RESPONDENT) APPELLANT BY SH. RADHEY SHYAM, CIT(DR) RESPONDENT BY SH. REEFAT SAQUEI, M.COM (FCA) DATE OF HEARING 2 5 .0 7 .201 9 DATE OF PRONOUNCEMENT 07 .08.201 9 ORDER PER SH. S.S.GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR AY 2013-14 ARISES AGAINST THE ORDER DATED 09.01.2017 PASSED BY THE CIT(A)-25, KOLKATA IN APPEAL NO. CIT(A), KOLKATA- 25/10200/2015-16 IN PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE REVENUES SOLE SUBSTANTIVE GRIEVANCE CANVASSED IN THE INSTANT APPEAL SEEKS TO REVERSE THE CIT(A)S ACTION DELETING IPL SUBVENTION MONEY ADDITION OF RS. 10,04,64,089/- TREATED AS INCOME BY THE ASSESSING OFFICER IN HIS ASSESSMENT ORDER DATED 04.12.2015. THE CIT(A)S DETAILED DISCUSSION TO THIS EFFECT READS AS UNDER: ITA NO. 599/KOL/2017 [ASSESSMENT YEAR: 2013-14] M/S. ASSAM CRICKET ASSOCIATION PAGE | 2 ITA NO. 599/KOL/2017 [ASSESSMENT YEAR: 2013-14] M/S. ASSAM CRICKET ASSOCIATION PAGE | 3 ITA NO. 599/KOL/2017 [ASSESSMENT YEAR: 2013-14] M/S. ASSAM CRICKET ASSOCIATION PAGE | 4 3. LEARNED CIT(DR) VEHEMENTLY CONTENDS DURING THE COURSE OF HEARING THAT THE ASSESSING OFFICER HAD RIGHTLY TREATED THE IMPUGNED IPL SUBVENTION MONEY/INFRASTRUCTURE SUBSIDY AMOUNT OF RS. 10,04,64,089/- AS INCOME SINCE THERE WAS NO MATERIAL ON RECORD THAT THE BCCI HEREIN HAD GIVEN ANY SPECIFIC DIRECTION FOR TREATING THE SUM IN QUESTION AS A CORPUS DONATION U/S 11(1)(D) OF THE ACT. MR. RADHEY SHYAM FURTHER INVITES OUR ATTENTION TO THE ASSESSING OFFICERS OBSERVATIONS IN HIS ASSESSMENT ORDER MAKING IT CLEAR THAT THE ASSESSEES LEDGER COPY OF INDIRECT INCOMES HAD VERY MUCH TREATED THE ABOVE STATED SUM AS INCOME IN ABSENCE OF SUCH A SPECIFIC DIRECTION. WE FIND NO MERIT IN REVENUES INSTANT ARGUMENTS. WE MAKE IT CLEAR FIRST OF ALL THAT THERE IS NO REBUTTAL TO THE CLINCHING EFFECT THAT THE BOARD OF CONTROL FOR CRICKET BCCI IN INDIA HAD MADE IT CLEAR IN ITS CHEQUE PAYMENT ADVICE DATED 22.01.2013 THAT THE IMPUGNED SUM WAS MEANT FOR REIMBURSEMENT OF ASSESSEES INFRASTRUCTURE SUBSIDY CLAIM. MEANING THEREBY THAT THE ASSESSEE HAD SOUGHT REIMBURSEMENT FROM THE SAID PAYER WHO IN TURN PAID THE SUBSIDY AMOUNT TOWARDS REIMBURSEMENT UNDER THE SPECIFIC CORRESPONDING HEAD. ALL THIS CLEARLY INDICATES THAT THE IMPUGNED SUM HAD COME IN THE NATURE OF A SPECIFIC DIRECTION/HEAD MEANT TO BE SPENT ON INFRASTRUCTURE ONLY. THE REVENUES CONTENTION BASED ON THE ASSESSEES ALLEGED LEDGER TREATMENT (SUPRA) ALSO DOES NOT CARRY ANY SUBSTANCE AS HONBLE APEX COURTS LANDMARK DECISION IN KEDARNATH JUTE MFG. CO. LTD. VS. CIT [1971] 82 ITR 363 (SC) AND TAPARIA TOOLS LTD. VS. JCIT [2015] 55 TAXMANN.COM 361 (SC) MAKE IT CLEAR THAT AN ASSESSEES BOOKS/ACCOUNTING TREATMENT GIVEN TO A PARTICULAR HEAD IS NOT THE DETERMINATIVE FACTORS IN INCOME TAX PROCEEDINGS AS THE RELEVANT CLAIM HAS TO BE EXAMINED ON THE TOUCHSTONE OF THE STATUTORY PROVISIONS IN THE ACT. WE THEREFORE CONCLUDE IN THE GIVEN FACTS AND CIRCUMSTANCES THAT THE CIT(A) HAS RIGHTLY REVERSED THE ASSESSING OFFICERS ACTION TREATING THE INFRASTRUCTURE SUBSIDY AMOUNT AS INCOME. THE REVENUE FAILS IN ITS SOLE SUBSTANTIVE GRIEVANCE. ITA NO. 599/KOL/2017 [ASSESSMENT YEAR: 2013-14] M/S. ASSAM CRICKET ASSOCIATION PAGE | 5 4. THIS REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.08.2019. SD/- SD/- (A.L. SAINI) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 07.08.2019 BIDHAN COPY FORWARDED TO: 1. APPELLANT- DCIT (E), CIRCLE-2, KOLKATA. 2. RESPONDENT- M/S. ASSAM CRICKET ASSOCIATION, NEHRU STADIUM, R G BARUAH SPORTS COMPLEX, GUWAHATI-781007. 3. CIT-KOLKATA 4. CIT(APPEALS)-25, KOLKATA (SENT THROUGH MAIL) 5. DR: ITAT-KOLKATA BENCHES (SENT THROUGH MAIL) AR/H.O.O ITAT, KOLKATA