The Commissioner of Income-tax (Exemptions) v. Gujarat Cricket Association
[Citation -2019-LL-1223-5]
| Citation | 2019-LL-1223-5 |
|---|---|
| Appellant Name | The Commissioner of Income-tax (Exemptions) |
| Respondent Name | Gujarat Cricket Association |
| Court | HIGH COURT OF GUJARAT AT AHMEDABAD |
| Relevant Act | Income-tax |
| Date of Order | 23/12/2019 |
| Assessment Year | 2008-09 |
| Judgment | View Judgment |
| Keyword Tags | application of income • capital expenditure • corpus donation • benefit of exemption |
| Bot Summary: | 11(1)(d) of the Act without appreciating that the assessee failed to discharge its onus by not bringing anything on record in support of its claim of corpus donation C Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was justified in allowing the capital expenditure of Rs.8,76,56,542/ as application of income towards the objects of the trust on the ground that registration u/s.12AA had been restored back, without considering that the issue had not reached finality as the revenue s appeal is pending before this Hon ble Court 2. Heard Mrs. Mauna Bhatt, learned senior standing counsel for the appellant, who has reiterated the grounds set out in the memorandum of appeal. It is an admitted position that the controversy involved in the present case stands concluded by a judgment dated 27.09.2019 passed by this court in the case of Commissioner of Income Tax v. Gujarat Cricket Association rendered in Tax Appeals No.268 of 2012 and allied matters, wherein the issue has Page 2 of 3 Downloaded on : Thu Dec 26 10:17:38 IST 2019 C/TAXAP/748/2019 ORDER been decided in favour of the assessee and against the Revenue. Under the circumstances, it is not necessary to set out the facts and contentions in detail. For the reasons recorded in the judgment and order dated 27.09.2019 made in Tax Appeals No.268 of 2012 and allied matters, this appeal does not give rise to any question of law, much less, a substantial question of law, warranting interference. |