TMI Blog2019 (4) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... der the application of the funds as per Section 11, since he had come to the conclusion that the Assessee does not fulfill the charitable purpose as defined in Section 2(15) . As relying on DIRECTOR OF INCOME TAX (EXEMPTION) VERSUS GOREGAON SPORTS CLUB [ 2012 (4) TMI 214 - BOMBAY HIGH COURT ] question regarding exemption u/s 11 would stand remitted to the Assessing Officer in determining whether the requirement of Section 11 of the Income Tax Act, having duly fulfilled as regard to the application of fund. Such exercise may be carried out expeditiously. - INCOME TAX APPEAL NO.1311 OF 2016 - - - Dated:- 31-1-2019 - AKIL KURESHI And B.P. COLABAWALLA, JJ. Mr. Ashok Kotangle i/by Ms. Padma Divakar for the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this case? (e) Whether on the facts and circumstances of the case and in Law, the Tribunal was right in granting relief to the assessee on income from other sources, ignoring the fact that such incomes are earned from the non members? 3. Learned counsel for the parties point out that all issues raised by the revenue in this appeal came up for consideration before this Court in revenue's Income Tax Appeal No.6301 of 2010. Appeal was disposed of by this Court by order dated 14 th February, 2012, making following observations: 1. This Appeal by the Revenue under Section 260A of the Income Tax Act, 1961 arises out of a decision of the Income Tax Appellate Tribunal dated 24 March 2010 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on members? 2. In the present case the Assessee is registered under the Bombay Public Trusts Act, 1950 and under Section 12A of the Income Tax Act, 1961. The main object of the Assessee is to promote sports and athletic activities. The Assessing Officer upon the return of the income being filed, passed an order of assessment under Section 143(3) but denied the exemption claimed under Section 11. Subsequently, the assessment was reopened since there was a mistake in calculations and while completing the reassessment the Assessing Officer treated the Assessee as a mutual concern and denied an exemption under Section 11. In Appeal, the Commissioner (Appeals) came to the conclusion that the promotion of sports and games fell wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch. However, while affirming that the object of the Club falls within the purview of Section 2(15), this Court had remanded the proceedings back to the Assessing Officer to determine whether as regards the application of the funds, the requirements of Section 11 have been duly fulfilled. In the present case also the Assessing Officer did not have an occasion to consider the application of the funds with reference to provisions of Section 11, since he had come to the conclusion that the Assessee does not fulfill the charitable purpose as defined in Section 2(15). 4. As regards question (a), we remit the proceedings back to the Assessing Officer to determine whether the requirements of Section 11 have been duly fulfilled as r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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