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TMI Blog2024 (8) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... Cricket in India (BCCI) were in the nature of infrastructure subsidy or business income. We, therefore, set aside the impugned orders of the Income Tax Appellate Tribunal and remand the matter to the Tribunal for a fresh determination of the issue in the light of the observations of the Supreme Court in Ahmedabad Urban Development Authority [ 2022 (10) TMI 948 - SUPREME COURT ]. The Income Tax Appellate Tribunal shall consider the matter afresh as above and pass final orders in the appeal within an outer time limit of six months from the date of receipt of a copy of this judgment. - HONOURABLE DR. JUSTICE A.K. JAYASANKARAN NAMBIAR AND HONOURABLE MR. JUSTICE SYAM KUMAR V.M. For The Appellant : By Advs. Sri. Christopher Abraham, Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity had granted the benefit of exemption to the assessee Cricket Association, the revenue had initiated suo motu revision proceedings, which culminated in an order of the Commissioner of Income Tax denying the benefit of exemption to the assessee Cricket Association for those years. 3. In further appeals carried by the assessee before the Tribunal, the Tribunal followed its own earlier order for the assessment year 2010-11 and allowed the appeal and the claim for exemption preferred by the assessee Cricket Association. 4. Although in these appeals substantial questions of law have been raised by the revenue with regard to the correctness of the findings of the Appellate Tribunal recognising the entitlement for exemption under Section 2 (15) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut together are entitled to 70% of the revenue - i.e., the proceeds of sale of the media rights. This may or may not be in proportion to the events hosted by each or some of the cricket associations. Yet, this forms part of the arrangement by which the consideration flowing from such commercial rights has been agreed to be shared amongst all members of the BCCI. These rights are apparently commercial. 238. In the light of these, the Court is of the opinion that the ITAT as well as the High Court fell into error in accepting at face value the submission that the amounts made over by BCCI to the cricket associations were in the nature of infrastructure subsidy. In each case, and for every year, the tax authorities are under an obligation to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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