2020 (1) TMI 565 - HC - Income Tax

Benefit of Section 11 and 12 to the appellant cricket associations - Charitable activities u/s 2(15) - income of the Associations from the sale of tickets etc .- HELD THAT - It is an admitted position that the controversy involved in the present case stands concluded by a judgment in the case of Commissioner of Income Tax (Exemption) v. Gujarat Cricket Association 2019 (11) TMI 35 - GUJARAT HIGH COURT to be decided in favour of assessee.

Summary

Issues Involved:
Challenging order of Income Tax Appellate Tribunal regarding exemptions under sections 11 and 12 of the Income Tax Act, 1961 for assessment year 2014-15.

Analysis:

1. Issue A - Exemption under sections 11 and 12 of the Act:
The appellant Revenue challenged the Tribunal's decision to allow exemptions under sections 11 and 12 of the Income Tax Act without considering the commercial nature of the assessee's activities. The Tribunal held that the assessee's activities fell under the provisos of section 2(5) of the Act. The appellant contended that the Tribunal erred in granting these exemptions. However, the court referred to a previous judgment in the case of Commissioner of Income Tax (Exemption) v. Gujarat Cricket Association, where a similar issue was decided in favor of the assessee. The court found that the issue had already been settled in the earlier judgment, and therefore, there was no need to delve into the facts and contentions of the present case. Consequently, the court dismissed the appeal as it did not raise any substantial question of law.

2. Issue B - Exemption under section 11(1)(a) of the Act:
The Tribunal allowed an exemption of ?1,47,98,329 under section 11(1)(a) of the Act. The appellant argued that the assessee was covered by the provisions of section 2(15) read with section 13(8) of the Act, and thus, not entitled to this exemption. However, the court's decision was influenced by the earlier judgment in the Gujarat Cricket Association case, where a similar issue had been decided in favor of the assessee. The court reiterated that since the matter had already been settled in a previous judgment, there was no need to reexamine the facts and contentions of the present case. Consequently, the court dismissed the appeal as it did not raise any substantial question of law.

3. Issue C - Exemption under section 11(2) of the Act:
The Tribunal granted an exemption of ?4,50,00,000 under section 11(2) of the Act. The appellant contended that the assessee fell under the provisions of section 2(15) read with section 13(8) of the Act, making them ineligible for this exemption. However, the court, guided by the precedent set in the Gujarat Cricket Association case, where a similar issue was decided in favor of the assessee, concluded that the matter had already been settled. Therefore, the court dismissed the appeal, stating that it did not raise any substantial question of law warranting interference.

In conclusion, the High Court of Gujarat dismissed the appeal by the Revenue challenging the Tribunal's order granting exemptions under sections 11 and 12 of the Income Tax Act for the assessment year 2014-15. The court based its decision on a previous judgment where similar issues had been resolved in favor of the assessee, stating that no substantial question of law arose from the present appeal.