2022 (11) TMI 584 - AT - Income Tax

Benefit of exemption u/s 11/12 - Denial of claim activities of the assessee are commercial in nature and covered by 1st proviso to section 2(15) - HELD THAT - We find that on identical facts for the A.Y. 2011-12, in assessee s own case 2018 (7) TMI 1478 - ITAT DELHI there was no material which may suggest that the assessee association was conducting its affairs solely on commercial lines with the motive to earn profit. There is also no material which could suggest that the assessee association has deviated from its objects which it has been pursuing since past many decades. In our humble opinion and understanding of law, proviso to section 2(15) of the Act is not applicable to the facts of the case and the assessee-association deserves benefit u/s 11/12 - Appeal of the Revenue is dismissed.

Summary

Issues:
1. Whether the activities of the assessee are commercial in nature and covered by the 1st proviso to section 2(15) of the I.T. Act, 1961?
2. Whether the assessee is entitled to claim exemption under section 11 of the I.T. Act, 1961 for the assessment year 2015-2016?

Issue 1:
The appeal filed by the Revenue challenged the order of the Ld. CIT(A) granting substantial relief to the assessee for the assessment year 2015-2016. The Revenue contended that the activities of the assessee, though seemingly charitable, were commercial in nature and fell under the 1st proviso to section 2(15) of the I.T. Act, 1961. The A.O. noted that the assessee received sponsorships from various entities, leading to a determination that the income from these sponsorships was not exempt under section 11 of the I.T. Act, 1961. The A.O. disallowed the claim of depreciation on fixed assets, resulting in an addition to the income of the assessee. The Ld. CIT(A) decided in favor of the assessee, citing similar decisions in earlier years and directing the A.O. to allow exemption under section 11 of the I.T. Act, 1961. The Tribunal upheld the Ld. CIT(A)'s decision, emphasizing that the assessee's primary activity was promoting sports activities, and the sponsorship agreements did not alter the charitable nature of the organization. The Tribunal dismissed the Revenue's appeal, confirming the order of the Ld. CIT(A) and the decision to grant exemption to the assessee.

Issue 2:
The second issue revolved around whether the assessee was entitled to claim exemption under section 11 of the I.T. Act, 1961 for the assessment year 2015-2016. The Ld. CIT(A) based his decision on the assessee's eligibility for claims made in earlier years and the similarity of facts in the current year to those of previous years. The Tribunal, after considering the arguments of both parties and examining the previous decisions, found no reason to interfere with the Ld. CIT(A)'s order, ultimately dismissing the appeal of the Revenue and confirming the exemption granted to the assessee under section 11 of the I.T. Act, 1961.

This detailed analysis of the judgment highlights the key issues, arguments presented, decisions made at each stage, and the final outcome of the appeal.