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Mrs. Pratibha A. Kothavale Versus Dy. Commissioner of Income Tax, Circle-16 (3) , Mumbai

2015 (10) TMI 1496 - ITAT MUMBAI

Entitlement to deduction u/s 80QQB - whether the royalty income is not derived by the appellant in the exercise of profession and is therefore not entitled to deduction u/s 80QQB? - Held that:- No particulars have been placed on record to show that the assessee is specially qualified apart from the skill and ability to write the book. There is also no material on record to say that whether the assessee is having education in the field of cookery either in the college or university or even by exp .....

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to claim deduction under section 80QQB. Therefore, we do not find any infirmity in the order passed by the learned Commissioner (Appeals) vide which it has been held that the assessee is not entitled for deduction under section 80QQB, we decline to interfere - Decided against assessee. - ITA no. 3682/Mum./2012 - Dated:- 7-5-2015 - SHRI I.P. BANSAL AND SHRI RAJENDRA, JJ. For The Assessee : Shri Sanjeev V. Joshi For The Revenue : Shri Premanand J. ORDER PER I.P. BANSAL, J.M. This appeal is filed b .....

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3. The ld. CIT(A) erred in holding that the appellant has not parted with / assigned nor granted any rights in the copy right of any book. 4. The ld. CIT(A) erred in holding that the transaction of appellant receiving royalty of ₹ 2,70,000 without deduction of tax at source from a family concern (M/s. Majestic Prakashan) is a questionable transaction with a view to avoid payment of tax. 2. The assessee has authored a book Perfect Recipes and since assessment year 2002-03 the assessee is r .....

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disallowance has been sustained by the learned CIT(A) for the reasons that firstly, according to the requirement of section 80QQB, such income should have been earned in the exercise of the profession and secondly; the cookery does not come in the definition of art . The assessee is aggrieved and has filed the aforementioned grounds. 3. After narrating the facts, it was submitted by the learned Counsel for the assessee that the assessee is receiving royalty since assessment year 2002-03 and the .....

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he learned CIT(A) has committed an error in not allowing the relief to the assessee. 5. On the other hand, it was submitted by the learned Departmental Representative that cookery does not fall within the definition of art . He submitted that it has been found by the learned CIT(A) that the assessee is having business income from the proprietorship concern M/s. Majestic Book Depot and M/s. Deepawali Annual and no professional income from cookery has been shown by the assessee at any point of tim .....

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ly. The word profession is defined in section 2(36) which is as under:- Profession includes vocation 8. The word profession was subject matter of interpretation before the Hon ble Rajasthan High Court in CIT v/s Bhagwan Broker Agency, [1995] 212 ITR 133 (Raj.). Their Lordships have considered various decisions as well as definition given in the dictionary and after considering all these decisions and definitions, their Lordships have arrived at a conclusion that there should be some special qual .....

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