DCIT(E), CIRCLE-1(1), NEW DELHI vs. DELHI & DISTRICT CIRCKET ASSOCIATION, NEW DELHI

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ITA 3058/DEL/2019Status: DisposedITAT Delhi09 June 2023AY 2015-163 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, noting that the assessee's Section 12AA registration was restored by a coordinate bench. Subsequent orders for multiple assessment years consistently granted exemption under Section 11.

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing exemption under Section 11 to the assessee. The CIT(A) had granted relief based on a previous Tribunal order restoring the assessee's registration under Section 12AA.

What were the issues?

Whether the assessee is eligible for exemption under Section 11 when its registration under Section 12AA was restored by the Tribunal. Whether commercial receipts impact the eligibility for exemption.

Which sections of the Income-tax Act were involved?

Section 11,Section 12AA,Section 40(A)(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: B: NEW DELHI

Before: SHRI CHANDRA MOHAN GARG & SHRI M. BALAGANESH

Hearing: 25.04.2023Pronounced: 09.06.2023

ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of CIT(A)-40, New Delhi dated 15.01.2019 for AY 2015-16.

2.

The grounds raised by the revenue are as follows:- (i) On the facts & in the circumstances of the case and in law, Ld CIT (A) has erred in directing the AO to allow exemption us. 11 of the Act particularly when the assessee has shown receipts from Sponsorship Income, Sale of Liquor, Income from Corporate Boxes and Sale of Tickets which are purely commercial in nature. (ii) On the facts and in circumstances of the case and in law, Id CIT (A) has erred in treating Prior Period Expenses, Provisions for Gratuity and Leave Encashment as consequential to allowing exemption to the assessee ignoring the fact that such expenses are not incurred during the year and cannot be treated as application of income. (iii) On the facts and in circumstances of the case and in law, Ld CIT(A) has erred in deleting the addition made u/s 40(A) (3) of the Income Tax Act, such addition being consequential in nature to disallowance of benefit of exemption to the assessee.

3.

The ld. Senior DR supporting the action of the Assessing Officer submitted that Ld CIT (A) has erred in directing the AO to allow exemption us. 11 of the Act particularly when the assessee has shown receipts from Sponsorship Income, Sale of Liquor, Income from Corporate Boxes and Sale of Tickets which are purely commercial in nature. He further submitted that, Id CIT (A) has erred in treating Prior Period Expenses, Provisions for Gratuity and Leave Encashment as consequential to allowing exemption to the assessee ignoring the fact that such expenses are not incurred during the year and cannot be treated as application of income. It is also submitted that Ld CIT(A) has erred in deleting the addition made u/s 40(A) (3) of the Income Tax Act, such addition being consequential in nature to disallowance of benefit of exemption to the assessee. The ld. Senior DR submitted that the ld. First Appellate Authority has granted relief to the assessee without any basis therefore impugned order may kindly be set aside by restoring that of the Assessing Officer.

4.

The ld. counsel submitted brief synopsis which read as follows:-

1. 1. This is an appeal preferred by the Revenue against the order of Id. CIT(A) dated 15.01.2019.

1.

2. In the present case, AO has made the additions and denied the exemption claimed by the assessee on the basis of order dated 21.05.2012 passed by the DIT(E) withdrawing the registration under section 12A granted to the assessee and subsequent assessment orders passed for the AY 2009-10 to AY 2013-14 on the basis of that withdrawal order. (Page 2 Para 3) 3. The CIT(A) has deleted the additions and allowed the exemption on the ground that the registration granted to the assessee was subsequently restored by Hon'ble Tribunal bearing dated 13.01.2015. He has also relied upon the judgement of ITAT Delhi for the AY 2009-10 bearing IT No. 5809/Del/2014 dated 23.06.2017 wherein the addition made by the AO were deleted and exemption claimed by the assessee was granted.

4. At the outset, it is submitted that the registration under section 12AA withdrawn by DIT(E) was subsequently restored by the Hon'ble ITAT vide order dated 13.01.2015 in ITA 3095/Del/2012 in Delhi and District Cricket Association vs. DIT(E) (PB Pg. 1-30).

5. After the passing the restoration order, the Hon'ble Tribunal also granted exemption to the assessee in the following assessment years: Assessment Year ITA No. Dated PB Pg. 2009-10 5809/Del/2014 23.06.2017 31-45 2010-11 361/Del/2016 19.09.2018 46-56 2011-12 2861/Del/2017 19.09.2019 57-61 2012-13 189/Del/2017 16.07.2019 62-73 2013-14 243/Del/2018 28.08.2020 74-78

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