9911796707
TMI Blog2018 (5) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... and are being disposed of by this order, for the sake of convenience. 2. We shall first take up the appeal filed by the assessee for assessment year 2008-09. The assessee is a public charitable trust and is engaged in the activities of promotion and regulation of game of cricket in Mumbai. The assessee was granted registration u/s 12A of the Act in the year 1975. The Ld DIT (Exemption), vide his order dated 31.12.2010, withdrew the registration retrospectively. The assessing officer passed the assessment order for assessment year 2008-09 on 31.12.2010 and by that time, the Ld DIT(Exemption) had cancelled the registration granted to the assessee u/s 12A of the Act with retrospective effect. 3. The assessee had computed income by availing e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration shall take effect from 01-06-2010 only. Accordingly we set aside the order passed by Ld CIT(A) for assessment year 2008-09 and restore all the matters to the file of the assessing officer with the direction to compute the total income of the assessee by applying the provisions of exemption granted u/s 11 of the Act. 6. We shall now take up the appeal filed by the revenue for assessment year 2009-10. The revenue has raised following two effective grounds:- 1. That on the facts and circumstanes of the case and in law, the learned CIT(A) erred in directing the Assessing Officer to compute the income of the assessee in terms of section 11,12 r.w.s. 13 of the Income Tax Act, 1961, when the activities of the assessee are clearly busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in ITA No.1700/Mum/2011 (supra), wherein the Tribunal has also held that the cancellation of registration shall take effect from 01-06-2010. 9. Coming to the second reasoning given by the AO, which is supported in the first ground of the revenue, we notice that the AO has taken the view that the conducting of cricket matches by selling tickets would amount to commercial activity. He has also taken the view that the recreational facilities created by the assessee also results in conducting of commercial activities. Accordingly the AO held that the assessee would be covered by the proviso to sec.2(15) of the Act and accordingly held that the assessee cannot avail exemption u/s 11 on this reason also. 10. Before Ld CIT(A), the assessee subm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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