Itxa/2322/2011 Of The Director Of Income Tax ( Exemption) v. M.i.g. Cricket Club

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2321OF 2011WITHINCOME TAX APPEAL NO.2322 OF 2011 The Director of Income Tax (Exemption)..Appellant.V/s.M.I.G. Cricket Club..Respondent. Mr. Suresh Kumar, for the Appellant in both the matters.Mr. Mihir Naniwadekar, for the Respondent in both the matters. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 27[th] FEBRUARY, 2013. In these Appeals for the Assessment Years 2006-07 and 2002-03 by the Revenue, following common questions have been raised for our consideration:- (a)Whether on the facts and in the circumstances of the case and in law, the Tribunal is correct in law in confirming the order of CIT(A), without appreciating the fact that the assessee though registered under Section 12A of the Income Tax Act as charitable institution, if the assessee/institution is a mutual concern his income is required to be assessed under the principle of mutually? (b)Whether on the facts and in the circumstance of the case and in law, the Tribunal is correct in law in confirming the order of CIT(A) holding that the assessee is entitle to exemption under Section 11 of the Act? 2Since the Tribunal has allowed the claim of the Respondent-Assessee by following the decision of this Court in the Respondent-Assessee's own case in Income Tax Appeal (L) No.2378 of 2009 (Director of Income Tax v/s. MIG Cricket Club) rendered on 30[th] November, 2009, we see no reason to entertain the proposed questions of law. 3Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)