9911796707
TMI Blog2018 (8) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... ER 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 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 43,00,000 6. Scholarship for Olympic 2012 [IOA] 1,44,219 Total 96,92,703 4. Drawing support from the amendment made in sections 17A, 17B and 18 by the Direct Tax Laws [Amendment] Act, 1987 w.e.f 01.04.1989, the Assessing Officer found that all these clauses merged into a single clause 17A and came to the conclusion that the awards received by the assessee have to be added ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Further, it is held that section 10(17A) is not applicable where the above circular is applicable, in view of the fact that section 10 refers :: incomes that are not includable in total income and the Circular No. 447 of 1986 takes - - receipt out of the purview of the income. It is also held that section 56 falls under the "income from other sources" and only covers such income which is not ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed out that the Board Circular's No. 2/2014 [F. No. 199/01/2014-ITA-1]) has done away with the earlier Circular. It is the say of the ld. DR 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 awards or rewards covered by such approval. 9. Per contra, the ld. A.R. drew our attention to the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government to the medal winners of the Olympic Games or Common Wealth Games or Asian Games with effect from the date of this order." 10. We have given thoughtful consideration to the orders of the authorities below. As mentioned elsewhere, the awards received by the assessee are all from Central Government or the State Government. Therefore, subsequent clarification mentioned hereinabove squarely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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