ALL INDIA CHESS FEDERATIION ,CHENNAI vs. ITO EXEMPTIONS WARD 1, CHENNAI

ITA 29/CHNY/2023Status: DisposedITAT Chennai10 January 2024AY 2016-17Bench: SHRI ABY T. VARKEY (Judicial Member), SHRI JAGADISH (Accountant Member)10 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the reopening of the assessment, finding that the CCI order provided new and tangible material. It also ruled that the Federation's activities, in light of the Supreme Court's decision in ACIT vs. Ahmedabad Urban Development Authority, do not qualify as charitable under Section 2(15) of the IT Act.

What were the facts?

The Income Tax Officer reopened the assessment of the All India Chess Federation for AYs 2015-16 to 2017-18 based on findings from the Competition Commission of India (CCI) that the Federation was an 'enterprise' involved in revenue-generating activities. The Federation challenged this, arguing its activities were charitable and that previous ITAT rulings supported its claim for exemption.

What were the issues?

Whether the reopening of assessment was valid based on CCI findings, and whether the Federation's activities qualify as charitable under Section 2(15) of the Income Tax Act, considering recent Supreme Court pronouncements.

Which sections of the Income-tax Act were involved?

Section 2(15),Section 11,Section 12,Section 151

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI JAGADISH

Hearing: 18.10.2024Pronounced: 10.01.2025

PER JAGADISH, A.M : Aforesaid three appeals filed by the assessee for Assessment Years (AYs) 2015-16, 2016-17 & 2017-18 arises out of the common order of Learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter “CIT(A)”] dated 15.11.2022. ITA Nos.28, 29 & 30/Chny/2023 :- 2 -:

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