TMI Blog2020 (4) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... on identical circumstances, the co-ordinate bench in assessee s own case for Assessment Year 2011-12 [ 2019 (8) TMI 731 - ITAT DELHI] had the occasion to consider a similar disallowance and came to the conclusion that such disallowance cannot be sustained and directed the Assessing Officer to delete the same. - Decided in favour of assessee. - ITA No. 2705/DEL/2017 - - - Dated:- 6-2-2020 - Shri N.K. Billaiya, Accountant Member, And Shri Kuldip Singh, Judicial Member For the Assessee : Shri Rohit Garg, Adv, Shri Sachit Jolly, Adv For the Revenue : Ms. Sushma Singh, CIT-D.R. ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the assessee is preferred against the order of the Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same. 7. Aggrieved, the assessee carried the matter before the ld. CIT(A) but without any success. 8. Before us, the ld. counsel for the assessee drew our attention to the order of the co-ordinate bench in the case of the assessee for Assessment Year 2011-12 and pointed out that a similar disallowance was deleted by the Tribunal in assessee s own case. 9. Per contra, the ld. DR could not bring any distinguishing decision in favour of the Revenue, though vehemently stated that the facts are clearly distinguishable. 10. We have given thoughtful consideration to the orders of the authorities below. We have gone through the order of the co-ordinate bench in ITA No.2285/DEL/2016 and 2392/DEL2016 dated 13.08.2019. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llege Fees, ft is understood that this Scholarship will be awarded on an annual basis as per the terms and conditions set out below, This award will be known as the Harish Salve Scholarship ( The Scholarship ), Selection Criteria Exeter College will offer one Harish Solve Scholarship per annum (i.e. one Scholar at any time) and preference will, at all times, be given to the current Scholar if he/she remains in receipt of the original linked Clarendon Scholarship (which is awarded for a maximum of 3 years). The Harish Salve Scholarship will, therefore, be linked to the Clarendon Scholarship and be tenable tar a maximum of three years, open to any Indian student who: a) is an Indian Citizen, resident In India, and b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f one assessee, particular expenditure is wholly and exclusively incurred for the purposes of business and in another case it may not be so. Undoubtedly, assessee is a noted international lawyer who has set up a scholarship for creating his visibility in international arena and his social standing. The assessee has specifically submitted that it has increased lot of value of the CV of the assessee and the government of Singapore has appointed him on certain committees of repute. Even otherwise, it is not open to the revenue to adopt a subjective standard of reasonable as and decide whether the type of the expenditure of the assessee should incur and in what circumstances. The opinion of the learned assessing officer that attending the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the professional services rendered by the assessee. He has also shown that the student to moving the scholarship has been granted has helped him in famous case of Vodafone represented by him. Therefore, we are of the opinion that the assessee has incurred the above expenditure wholly and exclusively for the purposes of the business. In the professional field there are innovative ways visualized by the professional to make themselves visible in the professional circle and to build their own professional profile for generating higher and valueadded business. It may be, sponsoring a seminar, becoming knowledge partners, setting up the prizes and awards, creating the competitive award ceremonies, hosting vibrant summits of various states. There ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
