9911796707
TMI Blog2018 (8) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... Per N. K. Billaiya, AM This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals], Dehradun dated 06.01.2015 pertaining to assessment year 2011-12. 2. The substantive grievance of the Revenue reads as under: The CIT(A) erred in law and on facts in deleting the addition made under the head income from other sources relying on Circular No. 447 dated 22.01.1986 which is not in existence w.e.f 01.04.2005 as per clarification on Taxability of Awards for Sportmen (Circular No. 2/2014 [F. No. 199/01/2014-ITA-1]) and ignoring the fact that there is nothing on record to show that the Central Government has approved such awards and tax exemption has been granted to the assessee in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds of the assessee in the light of CBDT Circular No. 447 dated 22.01.1986. 6. After considering the facts and detailed submissions, the ld. CIT(A) found that in A.Y 2009-10, the Tribunal has followed the same Circular and gave relief to the assessee. The relevant findings of the CIT(A) read as under: I have duly considered the facts circumstances of the case. The Hon'ble ITAT in the assessee s own case in 59 SOT 87 (Del) 2013 for the A.Y. 2009-10 has held that as per Circular No. 447, the receipt by way of award by a sportsman who is not a professional sportsman will not be in the nature of income. Further, it is held that section 10(17A) is not applicable where the above circular is applicable, in view of the fact that sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Board which reads as under: ORDER [F. NO. 199/03/2013-ITA.l] SECTION 10(17A) OF THE INCOME-TAX ACT, 1961 - EXEMPTION - AWARDS INSTITUTED/APPROVED BY CENTRAL/STATE GOVERNMENT UNDER CLAUSE (17A) FOR PURPOSE OF EXEMPTION OF PAYMENT MADE IN PURSUANCE THERE OF SECTION 10(17A) OF THE INCOME-TAX ACT, 1961 - EXEMPTION - AWARDS INSTITUTED/APPROVED BY CENTRAL/STATE GOVERNMENT UNDER CLAUSE (17A) FOR PURPOSE OF EXEMPTION OF PAYMENT MADE IN PURSUANCE THEREOF ORDER [F. NO. 199/03/2013-ITA.1], DATED 28-1-2014 In pursuance of the powers conferred by sub-clause (ii) of clause (17A) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby approves any payment made, whether in cash or in kind, as a reward b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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