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TMI Blog2009 (6) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... llingness expressed by the assessee to construct the hockey stadium in the District Collectorate for a value of Rs. 24 lakhs cannot be construed as a bribe to a person or the money was contributed for a private fund or for the benefit of any individual which could be regarded as a form of illegal gratification - Therefore, the claim made by the assessee that he volunteered for constructing the hoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the hockey stadium ? (ii) Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the expenditure incurred on construction of a hockey stadium for the public can be termed as business expenditure of the assessee ?" 3. The short facts, which are required to be stated, are that the assessee, a civil contractor, staked his claim for securing a contract for const ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated to have the value of Rs. 1,36,20,660 while the construction of the hockey stadium was for a sum of Rs. 24 lakhs. 4. The Commissioner of Income-tax (Appeals) as well as the Appellate Tribunal by relying upon the decision of the honourable Supreme Court reported in Sri Venkata Satyanarayana Rice Mill Contractors Co. v. CIT [1997] 223 ITR 101 held that such an expenditure, which was incurred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, has to be sustained. Moreover, the construction of the hockey stadium by the assessee was in the regular course of his business apart from the fact such construction came to be made in the property belonging to the District Collectorate, meant solely for the use of the public at large. Therefore, looked at from any angle, it is extremely difficult for us to hold that the investment made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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