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Case Law Details

Case Name : Shri Sachin R Tendulkar Vs The Asst. Commissioner of Income Tax (ITAT Mumbai)
Appeal Number : ITA Nos. 428 to 430/Mum/2008
Date of Judgement/Order : 20/05/2011
Related Assessment Year : 2001- 02
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The income received by the assessee (Sachin Tendulkar)  from modelling and appearing in T.V. commercials and similar activities can be termed as income derived from the profession of an artist. As admitted by the ld. D.R., the assessee can have more than one profession. Therefore, there is no bar on the part of the assessee to have its second profession as an artist apart from playing cricket. In this view of the matter, we are of the considered opinion that the amount of Rs. 5,92,31,211/- received by the assessee amounts to income derived by the assessee in the exercise of his profession as an artist and therefore entitled to deduction u/s 80RR of the Act.

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Full Text of the Judgement is as Follows:-

IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI “I” BENCH MUMBAI BENCHES, MUMBAI

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0 Comments

  1. J says:

    TELL ME THE PERSON, I WILL TELL U THE RULE. THIS IS HOW IT WORKS HERE IN INDIA.
    THE IT LIMIT IS JUST 2.00 LACS, WHICH MEANS A SALARIED CITIZEN WHO EARNS MORE THAN 2.00 LACS PER ANNUM IS EXPECTED TO PAY TAXES. WHEREAS A MAN WHO EARNS TWENTY CRORES IS GIVEN EXEMPTION. A MAN WHO CAN AFFORD TO PAY TAXES WILL CLAIM EXEMPTION. A MAN WHO IS INFLEUETIAL / CORRUPT / WILL EVADE TAXES & NOTICES. IT IS ONLY THE AVERAGE HONEST TAX PAYER WHO IS ALWAYS SQUEEZED.
    FRANKLY, JUST THINK, IS SACHIN TENDULAKAR NOT CAPABLE OF PAYING TAXES WHEN COMPARED TO AFFORDABILITY OF A SALARIED CITIZEN WHO EARNS JUST RS 20000/ – PM?? IS HE NOT RESPONSIBLE / COMMITTED TO HIS COUNTRY WHICH HAS GIVEN HIM A GOD LIKE STATUS.
    WHAT IS THE PRINCIPLES OF JUSTICE FOR THIS JUDGEMENT ??
    FOR THAT MATTER, THE ENTIRE INCOME COULD HAVE BEEN EXEMPT, WHY ONLY ACTOR PORTION, AFTER ALL SACHIN IS GOD OF INDIAN CRICKET. (NO HARM MEANT TO THE GREAT CRICEKTEER, PL. )

  2. Ashok Asthana says:

    Further to my comment “Recently in the case of ITC Ltd v. CIT [2011-TIOL-287-HC-DEL-IT], the Delhi High Court (HC) held that the tips or service charges distributed to employees are to be treated as part of salary and tax is required to be withheld under section 192 of…

    After all waiters are also actors- he has to keep smiling before the customer, however abusive the customer is. Isnt this acting ?

  3. Ashok Asthana says:

    Somebody has said that World is a stage and every one is an actor. Why not exempt every one. Might as well scrape income tax. It seems that exemtions are ONLY for those who are earning in millions. There is no respite for the poor middle class salaried employee.

  4. pandu ranga says:

    kya desh hai yeh.,

    pehle cricter bolthe hai, vuske waje se ads mil rahe hai, abi actor hai bolke deductions lerahe hai., cricket khelna bandh karne ke badh me “deduction” le sakthe hai abhi to cricketer hai na…………..

    pagal logo ki basti hai…

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