CIT v. Naga Hills Tea Co. Ltd.

89 ITR 236Supreme Court of India1973#1228 most cited

What is CIT v. Naga Hills Tea Co. Ltd. authority for?

If a provision of a taxing statute can be reasonably interpreted in two ways, the interpretation favorable to the assessee must be accepted. This fundamental principle ensures fairness when ambiguity exists in tax law.

92

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Naga Hills Tea Co. Ltd. · 89 ITR 236 · Supreme Court 1973 · statutory interpretation tax law · favorable to assessee · two reasonable interpretations · ambiguity in tax statutes · pro-assessee rule

Sections most often in play

Section 153CSection 144Section 143(3)Section 153ASection 115BBESection 132Section 153DSection 292C
Read the full judgment

Issues it is cited on

section 158bdincome tax settlement commissionsection 144asection 269stsection 43(3)section 269sssection 163section 245cspecified authorityblock periodsection 292csection 158b

Judgments citing CIT v. Naga Hills Tea Co. Ltd.

Acc Limited, Mumbai vs. DCIT (Ltu), Mumbai

In the result, appeal filed by department is dismissed

ITA 800/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…the same view, in cases with similar facts viz:-. 1. CIT v. Vegetable Products Ltd - 88 ITR 192 (SC) Page No.136 ITA NO.1171/MUM/2022 (A.Y: 2013-14) M/s. ACC Limited 2. Pradeep J Mehta v. CIT Ahmedabad - 169 Taxman 454 (SC) 3. CIT v. Naga Hills Tea Co. Ltd - 89 ITR 236 (SC) In view of the above discussion, the Calcutta High Court can have no application to the assessee's case. 56. In view of the above, we respectfully follow the order of the Tribunal in assessee's own case and confirm the order of CIT(A).” 62. It is observed that above decision was upheld by Hon’ble Bombay High court in 421 ITR 686 and observed…

Asst. Commissioner of Income Tax-3(4), Mumbai-400005 vs. M/S. Acc Limited, Mumbai-400020

In the result, appeal filed by department is dismissed

ITA 1171/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…the same view, in cases with similar facts viz:-. 1. CIT v. Vegetable Products Ltd - 88 ITR 192 (SC) Page No.136 ITA NO.1171/MUM/2022 (A.Y: 2013-14) M/s. ACC Limited 2. Pradeep J Mehta v. CIT Ahmedabad - 169 Taxman 454 (SC) 3. CIT v. Naga Hills Tea Co. Ltd - 89 ITR 236 (SC) In view of the above discussion, the Calcutta High Court can have no application to the assessee's case. 56. In view of the above, we respectfully follow the order of the Tribunal in assessee's own case and confirm the order of CIT(A).” 62. It is observed that above decision was upheld by Hon’ble Bombay High court in 421 ITR 686 and observed…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3178/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 14Section 143(3)Section 14A

…ssee must be adopted. There are several decision which have taken the same view, in cases with similar facts viz:-. 1. CIT v. Vegetable Products Ltd - 88 ITR 192 (SC) 2. Pradeep J Mehta v. CIT Ahmedabad - 169 Taxman 454 (SC) 3. CIT v. Naga Hills Tea Co. Ltd - 89 ITR 236 (SC) In view of the above discussion, the Calcutta High Court can have no application to the assessee's case. 56. In view of the above, we respectfully follow the order of the Tribunal in assessee's own case and confirm the order of CIT(A).” 62. It is observed that above decision was upheld by Hon’ble Bombay High court in 421 ITR 686 and observed…

Acc Ltd., Mumbai vs. Addl CIT(Ltu), Mumbai

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3139/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 14Section 143(3)Section 14A

…ssee must be adopted. There are several decision which have taken the same view, in cases with similar facts viz:-. 1. CIT v. Vegetable Products Ltd - 88 ITR 192 (SC) 2. Pradeep J Mehta v. CIT Ahmedabad - 169 Taxman 454 (SC) 3. CIT v. Naga Hills Tea Co. Ltd - 89 ITR 236 (SC) In view of the above discussion, the Calcutta High Court can have no application to the assessee's case. 56. In view of the above, we respectfully follow the order of the Tribunal in assessee's own case and confirm the order of CIT(A).” 62. It is observed that above decision was upheld by Hon’ble Bombay High court in 421 ITR 686 and observed…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3246/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…ssee must be adopted. There are several decision which have taken the same view, in cases with similar facts viz:-. 1. CIT v. Vegetable Products Ltd - 88 ITR 192 (SC) 2. Pradeep J Mehta v. CIT Ahmedabad - 169 Taxman 454 (SC) 3. CIT v. Naga Hills Tea Co. Ltd - 89 ITR 236 (SC) In view of the above discussion, the Calcutta High Court can have no application to the assessee's case. 56. In view of the above, we respectfully follow the order of the Tribunal in assessee's own case and confirm the order of CIT(A).” 62. It is observed that above decision was upheld by Hon’ble Bombay High court in 421 ITR 686 and observed…

Acc Limited (Formerly Known As the Associated Cement Companies Ltd.), Mumbai vs. Addll. CIT, RG. 1(1), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3203/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…ssee must be adopted. There are several decision which have taken the same view, in cases with similar facts viz:-. 1. CIT v. Vegetable Products Ltd - 88 ITR 192 (SC) 2. Pradeep J Mehta v. CIT Ahmedabad - 169 Taxman 454 (SC) 3. CIT v. Naga Hills Tea Co. Ltd - 89 ITR 236 (SC) In view of the above discussion, the Calcutta High Court can have no application to the assessee's case. 56. In view of the above, we respectfully follow the order of the Tribunal in assessee's own case and confirm the order of CIT(A).” 62. It is observed that above decision was upheld by Hon’ble Bombay High court in 421 ITR 686 and observed…

Carolina Food and Industries Private Limited, Kolkata vs. DCIT, Circle - 10(1), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2625/KOL/2018[2015-16]Status: DisposedITAT Kolkata09 Sept 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 32

…and admits two interpretations, a view which is favourable to the assessee should be adopted:- (i) CIT –vs.- Madho Pd. Jatia (1976) 105 ITR 179 (SC); (ii) CIT –vs.- Vegetable Products Ltd. (1973) 88 ITR 192 (SC); (iii) CIT –vs.- Naga Hills Tea Co. Ltd. (1973) 89 ITR 236 (SC). Ld. Counsel finally prayed before the Bench that the appeal of the assessee may kindly be allowed after following the decisions of the Hon’ble Jurisdictional High Court and also the judgment of the Hon’ble Supreme Court as stated hereinabove. 23. The ld. D.R., on the other hand, relied on the order of the ld. Assessing Officer. 24. After…

Sanjay Manakchand Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, both the appeals of assessee are dismissed

ITA 435/PUN/2016[2011-12]Status: DisposedITAT Pune15 Jun 2022AY 2011-12

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपऩल सं. / Ita Nos.435 & 436/Pun/2016 ननधधारण वषा / Assessment Years : 2011-12 & 2012-13

For Appellant: None (Shri Bhupendra Shah)For Respondent: Shri M. Jasnani
Section 132Section 69

…guage to be ambiguous or capable of more meanings than one, then we have to adopt that interpretation which favours the assessee, more particularly so because the provision relates to imposition of penalty." Similarly, in CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236 , at page 240, the Supreme Court had observed as follows : "If a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, has got to be accepted. This is a well-accepted view of law." The above observations will be applicable only if the court which is called upon to decide t…

Sanjay Manakchand Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, both the appeals of assessee are dismissed

ITA 436/PUN/2016[2012-13]Status: DisposedITAT Pune15 Jun 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपऩल सं. / Ita Nos.435 & 436/Pun/2016 ननधधारण वषा / Assessment Years : 2011-12 & 2012-13

For Appellant: None (Shri Bhupendra Shah)For Respondent: Shri M. Jasnani
Section 132Section 69

…guage to be ambiguous or capable of more meanings than one, then we have to adopt that interpretation which favours the assessee, more particularly so because the provision relates to imposition of penalty." Similarly, in CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236 , at page 240, the Supreme Court had observed as follows : "If a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, has got to be accepted. This is a well-accepted view of law." The above observations will be applicable only if the court which is called upon to decide t…

Ashok Vijaykumar Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the assessee in ITA

ITA 1493/PUN/2015[2007-08]Status: DisposedITAT Pune27 Apr 2022AY 2007-08

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

…guage to be ambiguous or capable of more meanings than one, then we have to adopt that interpretation which favours the assessee, more particularly so because the provision relates to imposition of penalty." Similarly, in CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236 , at page 240, the Supreme Court had observed as follows : "If a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, has got to be accepted. This is a well-accepted view of law." The above observations will be applicable only if the court which is called upon to decide t…

Ashok Vijaykumar Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the assessee in ITA

ITA 1494/PUN/2015[2012-13]Status: DisposedITAT Pune27 Apr 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

…guage to be ambiguous or capable of more meanings than one, then we have to adopt that interpretation which favours the assessee, more particularly so because the provision relates to imposition of penalty." Similarly, in CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236 , at page 240, the Supreme Court had observed as follows : "If a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, has got to be accepted. This is a well-accepted view of law." The above observations will be applicable only if the court which is called upon to decide t…

Ashok Vijaykumar Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the assessee in ITA

ITA 1492/PUN/2015[2006-07]Status: DisposedITAT Pune27 Apr 2022AY 2006-07

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

…guage to be ambiguous or capable of more meanings than one, then we have to adopt that interpretation which favours the assessee, more particularly so because the provision relates to imposition of penalty." Similarly, in CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236 , at page 240, the Supreme Court had observed as follows : "If a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, has got to be accepted. This is a well-accepted view of law." The above observations will be applicable only if the court which is called upon to decide t…

DCIT Cen Cir 7(3), Mumbai vs. Sanathanagar Enterprises Ltd, Mumbai

In the result, all the appeals of the Revenue are dismissed and all Cross Objections of the assessee are allowed

ITA 3143/MUM/2017[2012-13]Status: DisposedITAT Mumbai17 Dec 2021AY 2012-13
Section 271D

…able result, the Court must interpret so as to achieve that obvious intention and produce a rational construction. Reliance in this regard was also placed on the decision of the Hon‟ble Supreme Court in the case of CIT vs. Naga Hills Tea Co. Ltd., reported in 89 ITR 236 wherein the Hon‟ble Apex Court had observed “if the interpretation of fiscal enactment is open to doubt, the construction most beneficial to the subject should be adopted.” The assessee also placed reliance on the Co-ordinate Bench decision of the Delhi Tribunal in the M/s. Sanathnagar Enterprises Ltd., case of Dinesh Jain in ITA No.3597/D/2013 w…

Rose Rock Real Estate India Pvt., Mumbai vs. ITO (TDS) 2(1)(3), Mumbai

In the result, these appeals are allowed

ITA 4824/MUM/2019[2013-14]Status: DisposedITAT Mumbai02 Sept 2021AY 2013-14
Section 154Section 190Section 200ASection 203ASection 204Section 234ESection 285

…is clear that order u/s.200A of the Act has been wrongly passed to levy late fees U/S.234E nor there was any authority as TDS CPC was not empowered to do so. The decision of Hon'ble Supreme Court of India in the case of CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236 (SC) wherein it was held as under: "......If a provision of a taxing state can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, has got to be accepted. This is a well accepted view of law." In view of the above judicial decisions, it is of no doubt that no late fee u/s. 234E of the Act can be levied…

Mr. Nikhil Sawhney, New Delhi vs. ACIT, Noida

In the result, appeal of the assessee is dismissed

ITA 1248/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Aug 2020AY 2012-13

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimr. Nikhil Sawhney Acit, 17 – Sunder Nagar, Central Circle, Vs. New Delhi – 110 003. Noida. Pan: Aaups0222Q (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rakhi Vimal, Sr. DR
Section 10(38)Section 143

…the reliance by the assessee on the decision in the case of Royal Calcutta Turf Club (supra) as completely misplaced.‘‘ ‗‘3.4 We next consider the assessee's argument, made with reference to the decisions in the case of CIT v. Naga Hills Tea Co. Ltd . [1973] 89 ITR 236 (SC)and Navnitlal Ambalal v. CIT [1976] 105 ITR 735 (Bom.) of the benefit of doubt being available to it, inasmuch as if two views are reasonably possible, one in favour of the subject ought to be adopted. 50 | P a g e Toward this, as aforenoted, it stands abundantly clarified by the apex court time and again that both the positive and negative i…

Sigfriede Infotech P.Ltd, Mumbai vs. ITO 10(3)(3), Mumbai

In the result the grounds of the appeal

ITA 7545/MUM/2013[2010-11]Status: DisposedITAT Mumbai22 May 2019AY 2010-11

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhm/S Sigfriede Infotech Pvt. Ito-10(3)(3) Ltd. (Formerly Known As Aayakar Bhavan, Techstar Infotech (India) Pvt. Vs. M.K. Road, Ltd.) 156, Bhandup Village Mumbai-400020. Road, Next To Wmi Cranes Road, Bhandup, West Mumbai-400068. Pan: Aabct7637C Appellant Respondent Appellant By : Shri Vijay Mehta & Anuj Kushandwala-(Ar) Respondent By : Shri Sachchidanand Dube (Dr) Date Of Hearing : 30.04.2019 Date Of Pronouncement : 22.05.2019 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Commissioner (Appeals)-22 Mumbai, Dated 15Th Of October 2013 Which In Turn Arises From Assessment Order Passed Under Section 143(3) On 12Th November

For Appellant: Shri Vijay Mehta &For Respondent: Shri Sachchidanand Dube (DR)
Section 143(3)Section 254(1)

…view favourable to the subject should be preferred. Reference can be made to various judgments of the Apex Court : CIT v. Vegetable ITA No. 7445/Mum/2013-M/s Sigfriede Infotech Pvt. Ltd. Product Ltd. [1973] 88 ITR 192, CIT v. Naga Hills Tea Co. Ltd. [1973] 89 ITR 236, CIT v. Madho Prasad Jatia [1976] 105 ITR 179, CIT v. J.K. Hosiery Factory [1986] 159 ITR 85, Smt. Shashi Gupta v. LIC of India [1995] 84 Comp. Cas. 436, therefore, following the same, it has to be held that mesne profit received for deprivation of use and occupation of property would be capital receipt not chargeable to tax. We hold accordingly.…

M/S. Gujarat Cricket Association, Ahmedabad vs. The Deputy Commissioner of Income Tax Exeptions, Circle-1, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 408/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2012-13
Section 11Section 2(15)

…011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 57 of 151 v. Podar Cement Pvt. Ltd. and Others. 226 ITR 625 (SC), CIT v Vegetable Products Ltd. 88 ITR 192 (SC), and CIT v Naga Hills Tea Co. Ltd. 89 ITR 236, 240 (SC). We are thus urged to follow the division bench decisions in the cases of other cricket associations and hold that the assessee is not hit by proviso to Section 2(15). 28. Shri Vaishnav, learned Commissioner- DR, begins by pointing out how the game of cricket has undergone huge paradigm shift as a sport and as a business. He points o…

Saurashtra Cricket Association, Rajkot vs. The Dy. CIT (Exemption), Circle-2, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 2841/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2014-15
Section 11Section 2(15)

…011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 57 of 151 v. Podar Cement Pvt. Ltd. and Others. 226 ITR 625 (SC), CIT v Vegetable Products Ltd. 88 ITR 192 (SC), and CIT v Naga Hills Tea Co. Ltd. 89 ITR 236, 240 (SC). We are thus urged to follow the division bench decisions in the cases of other cricket associations and hold that the assessee is not hit by proviso to Section 2(15). 28. Shri Vaishnav, learned Commissioner- DR, begins by pointing out how the game of cricket has undergone huge paradigm shift as a sport and as a business. He points o…

Saurashtra Cricket Association, Rajkot vs. The Dy. CIT (Exemption), Circle-2, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 2840/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2013-14
Section 11Section 2(15)

…011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 57 of 151 v. Podar Cement Pvt. Ltd. and Others. 226 ITR 625 (SC), CIT v Vegetable Products Ltd. 88 ITR 192 (SC), and CIT v Naga Hills Tea Co. Ltd. 89 ITR 236, 240 (SC). We are thus urged to follow the division bench decisions in the cases of other cricket associations and hold that the assessee is not hit by proviso to Section 2(15). 28. Shri Vaishnav, learned Commissioner- DR, begins by pointing out how the game of cricket has undergone huge paradigm shift as a sport and as a business. He points o…

Saurashtra Cricket Association, Rajkot vs. The Dy. CIT (Exemption), Circle-2, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 2839/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2012-13
Section 11Section 2(15)

…011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 57 of 151 v. Podar Cement Pvt. Ltd. and Others. 226 ITR 625 (SC), CIT v Vegetable Products Ltd. 88 ITR 192 (SC), and CIT v Naga Hills Tea Co. Ltd. 89 ITR 236, 240 (SC). We are thus urged to follow the division bench decisions in the cases of other cricket associations and hold that the assessee is not hit by proviso to Section 2(15). 28. Shri Vaishnav, learned Commissioner- DR, begins by pointing out how the game of cricket has undergone huge paradigm shift as a sport and as a business. He points o…