Baroda Cricket Association eligible for Section 11 & 12 exemptions : HC

CIT (Exemptions) Vs Baroda Cricket Association (Gujarat High Court)

1. By this appeal under section 260A of the Income Tax Act, 1961, the appellant Revenue has challenged the order dated 11.06.2019 made by the Income Tax Appellate Tribunal, Ahmedabad Bench ‘B’ in ITA No.2675/Ahd/2017 for assessment year 2014­-15 by proposing the following three questions stated to be substantial questions of law:

“[A]Whether on the facts and circumstances of the case and in law, the Tribunal was justified in allowing the benefit of exemptions u/s.11 and 12 of the Act without considering the fact that the assessee is involved in widespread commercial activities in nature of business and holding that the activity of the assessee is covered under first and second proviso to section 2(5) of the Act?

[B] Whether on the facts and circumstances of the case and in law, the Tribunal was justified in allowing the benefit of exemptions u/s.11(1)(a) of the Act of Rs. 1,47,98,329/­ without appreciating the fact that the assessee is covered by the provisions of section 2(15) r.w.s. 13(8) of the Act?

[C] Whether on the facts and circumstances of the case and in law, the Tribunal was justified in allowing the benefit of exemptions u/s.11(2) of the Act of Rs.4,50,00,000/­ without appreciating the fact that the assessee is covered by the provisions of section 2(15) r.w.s 13(8) of the Act?”

2. Heard Mrs. Mauna Bhatt, learned senior standing counsel for the appellant, who has reiterated the grounds set out in the memorandum of appeal.

3. It is an admitted position that the controversy involved in the present case stands concluded by a judgment dated 27.09.2019 passed by this court in the case of Commissioner of Income Tax (Exemption) v. Gujarat Cricket Association rendered in Tax Appeals No. 268 of 2012 and allied matters, wherein the  issue has been decided in favour of the assessee and against the Revenue. Under the circumstances, it is not necessary to set out the facts and contentions in detail.

4. For the reasons recorded in the judgment and order dated 27.09.2019 made in Tax Appeals No.268 of 2012 and allied matters, this appeal does not give rise to any question of law, much less, any substantial question of law, warranting interference. The appeal, therefore, fails and is, accordingly, dismissed.