Maninder Singh, New Delhi V. ACIT Circle-59(1), New Delhi

ITA 6954/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9075 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 21-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: G S GREWAL CA MS SIMRAN GREWAL
• Section: 56

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.6954/DEL/2019 ASSESSMENT YEAR: 2013-14 MANINDER SINGH 52, MAUSAM VIHAR, NEW DELHI-110051 PAN NO.AATPS6601C VS ACIT CIRCLE 59 (1) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH. G. S. GREWAL, CA MS. SIMRAN GREWAL, CA RESPONDENT BY MS. RAKHI VIMAL, SR. DR DATE OF HEARING: 06/01/2021 DATE OF PRONOUNCEMENT: 06/01/2021 ORDER PER N. K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE CIT(A)-19, NEW DELHI DATED 25.06.2019 PERTAININ G TO A.Y. 2013-14. 2 2. THE SOLITARY GRIEVANCE OF THE ASSESSEE IS THAT T HE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.75,09,600/- U/S. 5 6 (2) (VII) OF THE ACT ON ACCOUNT OF RECEIPT OF ONE TIME REWARD FR OM BCCI. 3. THE APPELLANT IS A WELL KNOWN FORMER INDIAN CRIC KETER. DURING THE YEAR HE RECEIVED AN AWARD FROM BCCI AN A MOUNT OF RS.75,09,600/- TOWARDS ONE-TIME BENEFIT PAYMENT TO FORMER CRICKETERS IN RECOGNITION OF THE SERVICES TO INDIAN CRICKET. 4. THE ASSESSEE DID NOT INCLUDE THIS AMOUNT IN HIS RETURN OF INCOME. STRONGLY PLACING RELIANCE ON THE CBDT CIRCU LAR NO.447 DATED 22.01.1986. 5. THE AO DURING THE COURSE OF THE ASSESSMENT PROCE EDINGS DISMISSED THIS RELIANCE AND REFERRED TO CBDT CIRCUL AR NO.2 OF 2014 AND POINTED OUT THAT CIRCULAR NO.447 DATED 22. 01.1986 HAS BEEN SUPERSEDED AND ADDED THE AMOUNT OF RS.75,09,60 0/- TO THE TOTAL INCOME OF THE ASSESSEE. 6. THE ASSESSEE CARRIED THE MATTER BEFORE THE CIT(A ) BUT WITHOUT ANY SUCCESS. 7. REPRESENTATIVES OF BOTH THE SIDES WERE HEARD AT LENGTH. CASE RECORD CAREFULLY PERUSED. THE BONE OF CONTENT ION IS WHETHER THE ONETIME PAYMENT RECEIVED FROM BCCI IS EXEMPT FR OM TAX OR NOT. THE ANSWER LIES IN THE PROVISIONS OF SECTION 56 (2) (VII) 3 SECOND PROVISO WHICH STATES THAT CLAUSE (VII) WAS NOT APPLY TO ANY SOME OF MONEY OR ANY PROPERTY RECEIVED FROM (G) ANY TRUST OR INSTITUTION REGISTERED U/S.12 AA. 8. WE FIND THAT BCCI IS A REGISTERED TRUST U/S.12 A A AND THE SAID EVIDENCE IS AVAILABLE IN THE PUBLIC DOMAIN. 9. IN THE LIGHT OF THE AFOREMENTIONED FACTS WE DO N OT FIND ANY MERIT IN THE IMPUGNED ADDITION AND ACCORDINGLY DIRE CT THE AO TO DELETE THE ADDITION OF RS.75,09,600/-. 10. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. 11. DECISION ANNOUNCED IN THE OPEN COURT IN THE PRE SENCE OF BOTH THE REPRESENTATIVES ON 06.01.2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOU NTANT MEMBER *NEHA* DATE:-06.01.2021 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI 4 DATE OF DICTATION 0 6 .01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 0 6 .01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 0 6 .01.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 0 6 .01.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 0 6 .01.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 0 6 .01.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 0 6 .01.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 0 6 .01.2021 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER