2014 (2) TMI 258 - ITAT HYDERABAD
DCIT, Central Circle-4, Hyderabad Versus Mr. Mohd. Azharuddin
Claim of exemption on award money Allowance of expenditure Held that - The incomes are offered under the head income from business or profession , that does not mean that assessee is a professional player - assessee is playing for the country under t.....
2012 (10) TMI 18 - ITAT MUMBAI
Mr. Sanjeev M. Kapoor Versus Income Tax Officer, Ward–11(1) (2), Mumbai
Deduction u/s 80RR - assessee is an individual and is a playback singer - remuneration in foreign currency - denial of deduction on ground that two encashment certificates from Wallstreet Finance Ltd. were not in Form 10H - Held that - It is observed.....
2011 (5) TMI 20 - ITAT MUMBAI
Sachin R. Tendulkar Versus Assistant Commissioner of Income-tax, Range 193
Deduction u/s 80RR - Business income or other sources - the assessee derived income from salary, income from other sources as a cricketer and income from modelling/sponsorships shown as income from business/profession - the assessee has received an a.....
2010 (10) TMI 196 - ITAT, MUMBAI
Dy. CIT Versus Salman Khan
Deduction u/s 80RR - Expenditure u/s 37(1) - personal expenditure - assessee had claimed deduction under section.80RR at the rate of 30 per cent on professional remuneration of Rs. 1,26,39,773 for doing shows abroad - Held that - Assessing Officer ha.....
2010 (6) TMI 53 - BOMBAY HIGH COURT
The Commissioner of Income Tax-12 Versus M/s. Tarun R. Tahiliani
Design Fees Deduction u/s 80RR - The deduction was claimed in respect of the design fees received by the assessee from persons not resident in India in convertible foreign exchange. The Assessing Officer rejected the claim of the assessee, holding th.....
2008 (4) TMI 339 - ITAT BOMBAY-J
Deputy Commissioner Of Income-Tax. Versus Ms. Preeti Vyas.
Professional Income From Foreign Sources
........... clude the assessee from being an artist. After all the work artist is term of wider annotation and does not accept the restriction as was made out by the Department. The Board itself examined the word artist to include photographers and 1V news film cameramen, as also a director of a film or a script writer. The various meanings assigned to the term artist by different standard dictionaries clearly shows that the term artist is a terms which has wide meaning, not merely restricted to the meaning of fine arts, but encompasses within its scope a skilled performer. 14. On a consideration of the overall facts and circumstances of the present case, we are of the view that the assessee can be said to be an artist and therefore the income in dispute has to be held as eligible for deduction under s. 80RR of the Act. We find no grounds to interfere with the order of the learned CIT(A). The Revenue s appeal is therefore dismissed. 15. In the result appeals by the Revenue are dismissed.
2007 (10) TMI 331 - ITAT HYDERABAD-A
A Kaleshwar. Versus Assistant Commissioner Of Income-tax, Circle - 5(1), Hyderabad.
Income Escaping Assessment
........... essment or excessive relief, the assessment was validly reopened and hence we uphold the same. 26. On merits, the Assessing Officer found that during the year under consideration, part of the foreign income was received by the assessee for authoring a book called ldquo Powers of Vaastu rdquo and hence, deduction with regard to this book was allowed. However, with regard to the books where co-authorship was claimed by the assessee, the deduction was denied for the same reasons as in assessment years 2000-01 and 1999-2000. The issues arising from the denial of this deduction have been extensively dealt with by us in our order for assessment year 2000-01 and following our order for that year, we direct the Assessing Officer to grant full deduction under section 80RR, even on books co-authored by the assessee. 27. In the result, the appeal of the assessee is partly allowed. 28. Summarising the result of the entire order, all the three appeals of the assessee stand partly allowed.
2006 (11) TMI 360 - ITAT MUMBAI
Amitabh Bachchan Versus Deputy Commissioner of Income-tax, Central Circle 13, Mumbai
........... of our country and its culture abroad. The programme of KBC was not only watched in India but all over the globe and mainly dealt with Indian history, its geography, rich cultural heritages, its mythological stories, its constitution and legal system and its rich resources. Even on this account, the activities of Shri Amitabh Bachchan are clearly distinguishable to that of a television presenter and T.V. commentator of Cricket matches as was held in the case of Harsha Bhogle. The assessee has produced before us some of the literatures on KBC programme which we have already reproduced elsewhere in our order. We are, therefore, of the opinion that the assessee is an artist while he received the disputed income within the meaning of section 80RR of the Act. We, therefore, direct the Assessing Officer to grant relief of deduction under section 80RR of the Act. 18. In the result, the appeal filed by the assessee is partly allowed while the appeal filed by the revenue is dismissed.
2004 (10) TMI 262 - ITAT BOMBAY-E
DAVID DHAWAN. Versus DEPUTY COMMISSIONER OF INCOME TAX.
Business income, Deductions
........... siness, at least so far as new entrepreneurs in this line of business are concerned. The doubts raised by the authorities below are ill-founded. 18. The receipt of US 25,000 is in the nature of income. That is an undisputed position. In the light of the above discussions, we find that it is in the nature of professional receipt, as advance for directing a cine film, from the said Shri Dogra. The fact that the project was abandoned does not, and cannot, alter the character of receipt and income. This professional income, therefore, cannot be said not to be entitled to claim under s. 80RR of the Act. The grievance of the assessee is quite justified. 19. In the light of the above discussions, we consider it appropriate to direct the AO to grant deduction under s. 80RR in respect of the said receipt of US 25,000. The assessee shall get the resultant relief. 20. Ground No. 3 thus allowed. 21. In the result, the appeal of the assessee is partly allowed in the terms indicated above.
2004 (8) TMI 635 - ITAT MUMBAI
Nadeem Akhtar Saifee Versus Joint Commissioner of Income-tax
........... er of the CIT(A) and direct him to examine the various conditions mentioned in section 80RR because the income earned by the assessee for playing cassettes from foreign source as mentioned in section 80RR is eligible for deduction subject to fulfilment of various conditions enumerated by us hereinabove. 16. Before parting with we may add that the principle of fresh adjudication are not applicable to the income-tax proceedings. Therefore, we do not consider it necessary to go into the details/circumstances/facts under which the Assessing Officer allowed the deduction under section 80RR in earlier and subsequent years as stated by the assessee. At any rate, this contention was not raised by the assessee before the CIT(A). Therefore, the CIT(A) is at liberty to examine this aspect also. The CIT(A) will readjudicate the issue involved in this appeal afresh after giving opportunity of being heard to both the sides. 17. In the result, the appeal is allowed for statistical purposes.
2002 (5) TMI 201 - ITAT BOMBAY-F
Harsha Bhogle. Versus Assessing Officer.
Deductions, Professional Income
........... n if the interest is mandatory, the Assessing Officer has to pass a specific order to charge the same. In fact, the interest has been charged as per the specific direction of the Assessing Officer as we have mentioned in the earlier paragraphs. The learned counsel also referred to some of the Tribunal orders where this issue has been decided in favour of the assessee by following the Supreme Court decision in the case of Ranchi Club Ltd. The orders of the Tribunal were passed when the decision of the Hon ble Supreme Court in the case of Anjum M.R. Ghaswala was not available. Even the decision of the Punjab and Haryana High Court in the case of Vinod Khurana has made it very clear that the demand notice specifying the quantum of interest charged under section 234B of the Act was valid. Keeping in view, the latest decision of the Apex Court and our findings in the foregoing paragraphs, we decide this issue in favour of the Department. 35. In the result, the appeal is dismissed.
2001 (3) TMI 814 - ITAT MUMBAI
Assistant Commissioner of Income-tax Versus Anup Jalota
........... 0RR was allowable on the entire amount brought into India by the assessee in convertible foreign exchange. He also relied on the decision of the ITAT, Mumbai Bench (SB) in the case of Petroleum India International v. Dy. CIT 1999 71 ITD 31 (241 ITR (AT) page 43 , though it pertains to section 80-O. 6. We have considered the rival submissions and the facts and circum-stances of the case. We find that matter stands covered by the order of the Tribunal dated 28-5-1998 in ITA No. 5588/Bom./1991 passed in assessee rsquo s case for assessment year 1987-88. It may be noted that even in this year the assessee has not incurred any expenditure and only net income was received in foreign exchange. Therefore, consistent with the view taken by the ITAT in the preceding year, the claim of the assessee deserves to be accepted. We, therefore, hold that there is no merit in the appeal of the Revenue and the same is dismissed. 7. In the result, the appeal filed by the Revenue stands dismissed.
1992 (5) TMI 61 - ITAT DELHI-C
Prem Prakash. Versus Income-Tax Officer.
A Firm, Foreign Currency, Foreign Exchange Regulation Act
........... ome under which his firm was assessed or the firm had earned, they had no opportunity of verifying this aspect. The Assessing Officer is only directed to verify this part of the satisfaction of the requirement of section 80RR and if the amount or income so derived has been brought into India either by the partner himself or on his behalf by the firm in accordance with the Foreign Exchange Regulation Act, 1947, then the deduction may be allowed in the hands of the assessee to the extent of 25 per cent of the income so received or brought. 6. Before we conclude, we would like to make reference to the Allahabad High Court decision in Brij Raman Das case which was relied upon by the assessee.Their Lordships have clarified that in view of the provisions contained in section 67(2), the nature of the income derived by the firm would retain its character in the hands of the partners as well. 7. In the result, the claim of the assessee is allowed in terms of our observation made above
1991 (12) TMI 87 - ITAT BOMBAY-A
FIRST INCOME TAX OFFICER. Versus LATA MANGESHKAR
........... presentative relied on the order of the Assessing Officer. 7. We have considered the submissions made on either side. We agree with the CIT(A) that there was no justification for treating any portion of the expenditure incurring in India as relatable to the receipts abroad. This is a case of a well-known artiste who went to various countries abroad, rendered musical concerts and earned foreign income. All such concerts were organised by her sponsors who met the expenses of organising the concerts abroad as well as the assessee s travelling expenses. The nature of expenses incurred in India also does not give any indication to suggest that any such expenses could be adjusted against receipts on which s. 80RR is claimed. On scrutiny of the papers filed on record and after considering the submissions made, we are of the view that the order of the CIT(A) is correct and does not call for any interference. The same is hereby confirmed. 8. The appeal by the Department is dismissed.
1976 (11) TMI 109 - ITAT MADRAS-B
INCOME TAX OFFICER. Versus K. SRINIVASACHARYA.
........... of the income. The assessee had stated that there is no order of appointment issued by the French Government and that he was receiving remuneration for the work done in the preparation of the catalogue with reference to 4000 manuscripts on 14 subjects. The certificate issued by the French Government has described the work as a research assistant engaged in preparing a descriptive catalogue of manuscripts of the Institute Francais D rsquo Indologie, which would be published under the authorship of the assessee when completed. I am, therefore, satisfied that the income derived by the assessee in this case is in the exercise of his profession. The conditions laid down in s. 80RR are satisfied. In my view in the order passed on 29th Dec, 1970 for the asst. yr. 1970-71 and which was followed for the subsequent two asst. yr.s there is no mistake apparent from the record. 6. For the foregoing reasons, I uphold the order of the AAC. The appeals of the Revenue fail and are dismissed.