The Director Of Income Tax (Exemption v. Mig Cricket Club

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2416 OF 2011WITHINCOME TAX APPEAL NO.2538 OF 2011WITH INCOME TAX APPEAL NO.98 OF 2012 The Director of Income Tax (Exemption).v.MIG Cricket Club. ..Appellant. ..Respondent. Mr. Suresh Kumar for the Appellant.Mr. Mihir Naniwadekar for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 1st March, 2013 PC: In these three appeals for assessment years 2003-04, 2004-05 and 2005-06 following common questions of law 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 circumstances of the case and in law the Tribunal is correct in law in confirming the order of CIT(A) holding that the assessee is entitled to exemption under section 11 of the Act? 2)Counsel for the parties state that similar questions were raised by the revenue in respect of the same respondent assessee before this court in Income Tax Appeal Lodging No.2378 of 2009. This Court by its order dated 30/11/2009 did not entertain the appeal filed by the revenue. For the reasons stated by this Court in order dated 30/11/2009 in Income Tax Appeal Lodging No.2378 of 2009, we see no reason to entertain these appeals. 3)All the appeals are dismissed with no order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)