HIGH COURT OF BOMBAY
Director of Income-tax (Exemption)
V/s.
Goregaon Sports Club
IT APPEAL NO. 6301 OF 2010
FEBRUARY 14, 2012
JUDGEMNT
Dr. D.Y. Chandrachud, J.
This Appeal by the Revenue under Section 260A of the Income Tax Act, 1961 arises out of a decision of the Income Tax Appellate Tribunal dated 24 March 2010 for Assessment Year 2003-04. The following questions of law are raised in the Appeal:
(a) Whether on the facts and circumstances of the case and in law, the ITAT was right in directing the AO to grant exemption under Section 11 of the IT Act ignoring the detailed reasoning given by the AO?
(b) Whether on the facts and circumstances of the case and in law, the ITAT was right in ignoring the fact that the sports activities and other recreation amenities are mainly for members and hence assessee is a mutual concern and not a charitable institution?
(c) Whether on the facts and circumstances of the case and in law, the ITAT was right in holding that the assessee club is not covered by the principle of mutuality thereby violating provisions of Section 13 which disentitles the trust from claiming exemption under Section 11?
