2018 (9) TMI 713

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....the Respondent : Mr. Mihir Naniwadekar, with Mr. Prateek Pai i/b Keystone & Partners JUDGMENT 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) by the Revenue challenges the order dated 28 August 2015 by the Income Tax Appellate Tribunal (Tribunal). The impugned order dated 28 August 2015 of the Tribunal allowed the Respondent - Assessee's Appeal from the order of t....

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....y the mischief of the proviso to Section 2(15) introduced w.e.f. 01.04.2009"? (ii) " Whether on the facts and circumstances of the case and in law, the Tribunal did not err in holding that the Commissioner was not right in invoking the provisions of Section 12AA(3) of the Act when the activities carried out by the assessees in Maharashtra under the control of BCCI was primarily commercial....

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....Tejveer Singh, the learned counsel for the Revenue very fairly states that the above question (i) and (ii) stands concluded against the Revenue and in favour of the Respondent by the decision of this Court in the case of Director of Income Tax (Exemptions) Vs. Khar Gymkhana (2016) 385 ITR 162 (Bom) and The Commissioner of Income Tax - II, Thane Vs. The Mumbai Metropolitan Regional Iron and Steel M....