2025 (4) TMI 270

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....) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 28.12.2017 by the Assessing Officer, DCIT, Circle-16 (2), New Delhi (hereinafter referred to as 'ld. AO'). 2. The only effective issue to be decided in this appeal is as to whether the one-time benefit received from by the assessee from Board of Control for Cricket in India (BCCI) as a one-time benefit could be subjected to tax in the facts and circumstances of the instant case. 3. We have heard the rival submissions and perused the materials available on record. The assessee is a former well renowned cricketer who had represented India in many international matches across the world. The return of income for the assessment year 2013-14 was filed by the assessee....

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....d CITA, however, did not condone the delay and dismissed the appeal of the assessee in limine. 4. Before us, the Learned AR prayed for a reduction of income of Rs. 1.50 crores as it is exempt under section 56(2)(vii) of the Act in respect of one- time benefit received from BCCI. In support of this proposition, the Learned AR placed reliance on the decision of Co-ordinate Bench of this Tribunal in the case of Maninder Singh Vs ACIT (another cricketer case) in ITA No. 6954/Del/2019 dated 6-1-2021 for Assessment Year 2013-14. 5. Per Contra, the Learned DR vehemently pleaded that the assessee had taken a conscious call of offering the receipt to tax in the return and did not revise his return for the same. He placed reliance on the decisi....

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....ribunal together with better understanding of provisions of section 56(2)(vii) of the Act had practically prompted the assessee to prefer an appeal per se before the Learned CITA. It is trite law that right amount of tax should be collected from the right person in accordance with law. Article 265 of the Constitution provides that no tax could be collected except by an authority of law. When a statute specifically provides a particular exemption of a particular receipt from tax, the said receipt cannot be brought to tax merely because the assessee had offered erroneously in the return of income. Ultimately, income is to be determined in accordance with the provisions of the Act and revenue cannot take advantage of ignorance of the assessee ....