2009 (6) TMI 76

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....M. IBRAHIM KALIFULLA J.— The Revenue has come forward with this appeal. 2. The questions of law raised in this appeal reads as under: "(i) Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the expenditure incurred on construction of a hockey stadium is not capital expenditure as the assessee is not the owner of the hockey stadium ? (ii) Whether,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... office of the District Collector. The appellant submitted a letter dated December 19, 2001, to the District Collector expressing his willingness to construct a hockey stadium in the Collectorate complex and after receipt of the said letter, the DRDA contract was awarded by the Collector to the assessee by his letter dated December 19, 2001. The DRDA contract was stated to have the value of Rs. 1,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....benefit of any individual which could be regarded as a form of illegal gratification. Therefore, the claim made by the assessee that he volunteered for constructing the hockey stadium for generating goodwill and for promoting his business activities, especially where such construction of hockey stadium was for the welfare of the public which was not prohibited in law, has to be sustained. Moreover....