2014 (3) TMI 1086 - AT - Income Tax

Tribunal upholds exemption for assessee under Income-tax Act

ADIT (E) I (2), Mumbai Versus Chembur Gymkhana

ADIT (E) I (2), Mumbai Versus Chembur Gymkhana - TMI Issues:- Appeal against the order passed by Ld.CIT(A) directing AO to allow exemption u/s 11 of Income-tax Act.- Denial of benefits to assessee's trust u/s 11 treating it as a mutual concern.- Whether the assessee is entitled to exemption u/s 11 of the Act.- Justifiability of interfering with Ld.CIT(A)'s order.Analysis:The judgment involves an appeal by the Revenue against the order passed by the Ld.CIT(A) directing the Assessing Officer (AO) to allow the benefit of exemption to the assessee under section 11 of the Income-tax Act for the Assessment Year 2009-10. The AO had initially denied the benefits to the assessee's trust under section 11, treating it as a mutual concern rather than a trust. However, on appeal, the Ld.CIT(A) held that the assessee was indeed entitled to the benefit of exemption under section 11. This decision was based on a previous Tribunal ruling in the assessee's own case for the assessment years 1996-97 to 2000-01, where it was established that the assessee was a charitable club eligible for exemption under section 11 of the Income-tax Act for the income in question.The Ld.CIT(A) noted that the Tribunal's earlier order had been upheld by the Hon'ble High Court of Bombay, and since there were no distinguishing facts presented by the Revenue for the current assessment year, and the Tribunal's decision remained unchallenged by the Hon'ble Apex Court, there was no justifiable reason to interfere with the Ld.CIT(A)'s order. Consequently, the Tribunal upheld the decision of the Ld.CIT(A) and dismissed the appeal filed by the Revenue. The judgment was pronounced in open court on March 12th, 2014, by Dr. S.T.M. Pavalan, the Judicial Member of the Appellate Tribunal ITAT Mumbai.