Asst CIT 19(3), Mumbai vs. Sameer Sudhakar Dighe, Mumbai
The appeal of the Revenue is dismissed
ITA 1327/MUM/2016[2011-12]Status: DisposedITAT Mumbai13 Apr 2018AY 2011-12
Bench: Sri Mahavir Singh, Jm & Sri G. Manjunatha, Am The Asst. Commissioner Of Shri Sameer Sudhakar Income Tax, Circle 19(3) Dighe, 8Th Floor, Shreepati Matru Mandir, Tardeo Road, Annexe, Gowalia Tank Vs. Mumbai-400 007 Road, Grant Road, Mumbai-400 036 Appellant .. Respondent Pan No. Abwpd5514H
For Appellant: Neelkanth Khandelwal, ARFor Respondent: M.V. Rajguru, Sr. DR
Section 143(3)Section 56
…t a professional will not be liable to tax. As we have pointed out, cricket was not the profession of the assessee, but only a vocation. 9. It may be apposite to refer to the decision of the Madras High Court in the case of CIT v. M. Balamuralikrishna [1988] 171 ITR 447 wherein it is held that amounts received from admirers and fans of a musician in appreciation of his services rendered as a musician are not his taxable income. It has been held that the payment has no nexus to the profession. Here, the assessee was a professional musician. 10 10. The case of the assessee before us is on a better footing. He is…