CRICKET CLUB OF INDIA P.LTD, MUMBAI V. ACIT 1(1), MUMBAI

ITA 6937/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 9215 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 13-11-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: H N SINGH
• Assessee Lawyers: R MURLIDHAR
• Keywords: Depreciation; Charitable institution; Opportunity of being heard; Principle of natural justice; Earning of tax free income; Revised return; Revenue expenditure
• Section: 14A; 115JB; 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 6937 /MUM/20 14 (ASSESSMENT YEAR 20 09 - 10 ) M/S. CRICKET CLUB OF INDIA PVT. LIMITED J.N. TATA PAVILION DINSHA VACHHA ROAD MUMBAI - 400 20. PAN NO.AACCT6935C VS. ACIT - 1(1) MUMBAI ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI R. MURLIDHAR DEPARTMENT BY S HRI H.N. SINGH DATE OF HEARING 21 . 9 . 201 7 DATE OF PRONOUNCEMENT 4 . 10. 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE AP PEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 28 - 08 - 2014 PASSED BY LD CIT(A) - 1, MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 2009 - 10. 2. THE ASSESSEE IS A COMPANY REGISTERED U/S 25 OF THE COMPANIES ACT AS NON - PROFIT ORGANIZATION AND IS ALSO REGISTERED AS A CHARITABLE INSTITUTION U/S 12A OF THE ACT. THE ASSESSEE CLAIMED CERTAIN INCOME AS EXEMPT UNDER THE PRINCIPLES OF MUTUALITY. THE ASSESSING OFFICER COMPLETED THE ASSESSMENT BY MAKING VARIOUS ADDITIONS. THE LD CIT(A) ENHANCED THE TOTA L INCOME OF THE ASSESSEE AND DISMISSED THE APPEAL ALSO. AGGRIEVED, THE ASSESSEE HAS FILED THIS APPEAL BEFORE US. 3. THE LD A.R DID NOT PRESS THE GROUND N O.1(A) RELATING TO ROYALTY RECEIPTS, AS THE ASSESSEE ITSELF HAS OFFERED THE SAME IN THE REVISED RETURN OF INCOME FILED FOR SECOND TIME. HENCE THE SAID GROUND IS DISMISSED AS NOT PRESSED. M/S. CRICKET CLUB OF INDIA PVT. LIMITED 2 4. THE GROUND NO.1(B) RELATES TO THE CLAIM FOR DEDUCTION OF PROPORTIONATE EXPENDITURE RELATING TO ROYALTY INCOME. THE LD A.R SUBMITTED THAT IDENTICAL CLAIM WAS MADE BY THE ASSESSEE BEFORE LD CIT(A) IN AY 2007 - 08 AND THE LD CIT(A) HAS RESTORED THE MATTER TO THE FILE OF THE AO, VIDE ITS ORDER DATED 18 - 03 - 2011 PASSED IN APPEAL NO.CIT(A) - 1/IT/619/09 - 10. ACCORDINGLY HE PRAYED THAT THIS ISSUE MAY BE RESTORED TO THE F ILE OF THE AO WITH SIMILAR DIRECTIONS. 5. WE HEARD LD D.R AND ALSO PERUSED THE ORDER PASSED BY LD CIT(A) IN AY 2007 - 08 (SUPRA). WE NOTICE THAT, IN PARAGRAPH 5.4 OF THE ORDER, THE LD CIT(A) HAS RESTORED THE MATTER TO THE FILE OF THE AO FOR EXAMINING T HE CLAIM OF THE ASSESSEE. ACCORDINGLY WE RESTORE THIS ISSUE TO THE FILE OF THE AO FOR EXAMINING THE CLAIM OF THE ASSESSEE IN ACCORDANCE WITH THE LAW. 6. THE GROUND NO.2 RELATES TO THE TAXABILITY OF CATERING REVENUE OF RS.10.62 LAKHS. THE AUDITOR OF T HE ASSESSEE HAD ATTACHED A NOTE TO HIS REPORT, WHEREIN IT WAS STATED THAT THE CATERING REVENUE INCLUDES A SUM OF RS.10,62,005/ - , BEING THE ASSESSEES SHARE GIVEN BY VEGETARIAN CATERING SERVICE PROVIDERS. THE ASSESSEE HAD CLAIMED EXEMPTION OF ITS CATERING REVENUE UNDER THE PRINCIPLES OF MUTUALITY. THE ASSESSEE TREATED THE ABOVE SAID AMOUNT OF RS.10,62,005/ - AS PART OF ITS CATERING REVENUE. THE AO ACCEPTED THE CLAIM OF THE ASSESSEE WITH REGARD TO OTHER CATERING REVENUE, BUT TOOK THE VIEW THAT THE SHARE OF REVENUE RECEIVED FROM OUTSIDE CATERERS CANNOT BE EXEMPTED UNDER THE PRINCIPLES OF MUTUALITY, SINCE IT HA S RECEIVED THE AMOUNT AS A DIRECT PAYMENT. ACCORDINGLY THE AO ASSESSED THE ABOVE SAID AMOUNT AND THE LD CIT(A) ALSO CONFIRMED THE SAME. 7. WE NOTIC E THAT AN IDENTICAL ISSUE WAS CONSIDERED BY THE CO - ORDINATE BENCH IN THE ASSESSEES OWN CASE RELATING TO AY 2007 - 08 IN ITA NO.5509/M/11 AND THE TRIBUNAL, VIDE ITS ORDER DATED 21 - 03 - 2016 , HAS DELETED THIS ADDITION BY FOLLOWING THE DECISION RENDERED BY ANOTH ER BENCH IN THE CASE OF MIG CLUB VS. ACIT (ITA NO.3104 - 3107/MUM/2011). IN THE CASE OF MIG CLUB, IT WAS HELD THAT THE AMOUNT RETAINED BY THE ASSESSEE FROM THE BILLS RAISED BY THE CATERERS M/S. CRICKET CLUB OF INDIA PVT. LIMITED 3 WOULD NOT BE TAXABLE UNDER THE PRINCIPLES OF MUTUALITY, SINCE THE SA ID RECEIPT CANNOT BE CONSIDERED AS AMOUNT RECEIVED FROM OUTSIDERS. THE CO - ORDINATE BENCH OBSERVED THAT THE ASSESSEE HAS RECEIVED MONEY FROM ITS MEMBERS AND PAID TO THE CATERERS AT A LOWER RATE BY RETAINING ITS SHARE AND HENCE IT CANNOT BE SAID THAT THE TR ANSACTION INVOLVES NON - MEMBERS. IN THE INSTANT CASE ALSO, WE NOTICE THAT THE FACTS ARE ALMOST IDENTICAL. THE OUTSIDE CATERER HAS GIVEN ASSESSEES SHARE BY WAY OF DIRECT PAYMENT, THE SOURCE OF WHICH IS THE COLLECTION FROM THE MEMBERS. ACCORDINGLY, CONSIS TENT WITH THE VIEW TAKEN BY THE CO - ORDINATE BENCHES, WE SET ASIDE THE ORDER PASSED BY LD CIT(A) ON THIS ISSUE AND DIRECT THE AO TO DELETE THE IMPUGNED ADDITION. 8. GROUND NO. 3 RELATES TO INTEREST INCOME OF ` 5 1.69 LAKHS EARNED BY THE ASSESSEE FROM UTI AND GOI TAX FREE BONDS. THE L EARNED AR SUBMITTED THAT THE ASSESSEE HAD RECEIVED AGGREGATE INTEREST INCOME OF ` 2.84 CRORES , OUT OF WHICH A SUM OF ` 51.69 LAKHS WAS EARNED FRO M UNIT TRUST OF INDIA AND GOVERNMENT OF INDIA TAX FREE BOND S . HE SUBMITTED TH AT T HE ASSESSI NG OFFICER HAD ASSESSED THE ENTIRE AMOUNT OF INTEREST INCOME , BY HOLDING THAT PRINCIPLES OF MUTUALITY WOULD NOT APPLY TO THE SAME. THE LEARNED CIT(A) ALSO CONFIRMED THE ORDER PASSED BY THE AO ON THIS ISSUE. THE LEARNED AR SUBMITTED THAT THE A BOVE SAID INTEREST INCOME OF ` 51.69 LAKHS WOULD BE EXEMPT U/S. 10(15) OF THE ACT AND HENCE THE TAX AUTHORITIES ARE NOT JUSTIFIED IN ASSESSING THE SAME AS INCOME OF THE ASSESSEE . 9 . WE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. IT IS WELL SETTLED PROPOSITION THAT THE AO IS NOT ENTITLED TO ASSESS AN INCOME, WHICH IS OTHERWISE EXEMPT UNDER THE ACT, SINCE THE AO IS REQUIRED TO DETERMINE THE TOTAL INCOME IN ACCORDANCE WITH THE LAW. SINCE THE ASSESSEE CLAIMS THAT THE ABOVE SAID INTEREST INCOME OF ` 51.69 LAKHS WOULD BE EXEMPT U/S. 10(15) OF THE ACT, WE ARE OF THE VIEW THAT THE SA ME REQUIRES EXAMINATION AT THE END OF THE ASSESSING OFFICER . ACCORDINGLY, WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE M/S. CRICKET CLUB OF INDIA PVT. LIMITED 4 ASSESSING OFFICER WITH THE DIRECTION TO EXAMINE THE CLAIM F OR EXEMPTION U/S. 10(15) OF THE ACT AND TAKE APPROPRIATE DECISION IN ACCORDANCE WITH LAW. 1 0 . GROUND NO. 4 RELATES TO ADDITION OF INTEREST INCOME OF ` 233.03 LAKHS. THE CLAIM OF THE ASSESSEE IS THAT IT HAS BEEN ADDED BY THE ASSESSING OFFICER WITHOUT TAKING NOTICE OF THE FACT THAT THE ASSESSEE ITSELF HAS OFFERED THE SAME AS ITS INCOME IN ITS ORIGINAL RETURN OF INCOME AND IT HAS RESULTED IN DOUBLE TAXATION OF SAME INCOME . THE LD A.R SUBMITTED THAT THIS ASPECT WAS BROUGHT TO THE NOTICE OF LD CIT(A) IN THE WRITTEN SUBMISSIONS GIVEN BY THE ASSESSEE, BUT THE LD CIT(A) HAS ALSO FAILED TO TAKE NOTE OF THE SAME. SINCE DOUBLE TAXATION OF SAME INCOME IS NOT PERMITTED UNDER THE ACT, WE AR E OF THE VIEW THAT T H IS CLAIM OF THE ASSESSEE ALSO REQUIRES VERIFICATION AT THE END OF THE AO. ACCORDINGLY WE RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER. 11 . GROUND NO. 5.1(A) RELATES TO DETERMINATION OF ANNUAL VALUE OF THE PROPERTY. THE AS SESSING OFFICER MADE ADDITION OF 10% TO THE ANNUAL VALUE REPORTED BY THE ASSESSEE WHILE COMPUTING INCOME UNDER THE HEAD INCOME FROM HOUSE PROPERTY AND THE SAME WA S CONFIRMED BY THE LEARNED CIT(A). 1 2 . LEARNED AR SUBMITTED THAT THE IDENTICAL ADDITION HAS BEEN MADE BY THE ASSESSING OFFICER IN A.Y. 2006 - 07 . HOWEVER, THE TRIBUNAL HAS RESTORED THE SAME BACK TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO VERIFY THE APPLICABILITY OF PROVISIONS OF MAHARASHTRA RENT CONTROL ACT, 1999 TO THE ASSESSEES P REMISES. HE FURTHER SUBMITTED THAT IDENTICAL ADDITION MADE IN A.Y. 2008 - 09 WAS DELETED BY THE LEARNED CIT(A) AND THE DEPARTMENT HAS ACCEPTED THE DECISION OF THE LEARNED CIT(A) BY NOT FILING APPEAL BEFORE THE ITAT. 13 . WE HAVE HEARD LEARNED DEPARTMENTAL RE PRESENTATIVE AND PERUSED THE RECORD. L EARNED AR SUBMITTED THAT THE TRIBUNAL HAS RESTORED THE IDENTICAL MATTER TO THE FILE OF THE ASSESSING OFFICER IN A.Y. 2006 - 07. ACCORDINGLY, CONSISTENT WITH THE VIEW TAKEN BY THE TRIBUNAL IN A.Y. 2006 - 07, WE SET ASIDE TH E ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFICER WITH SIMILAR DIRECTIONS GIVEN BY THE TRIBUNAL. M/S. CRICKET CLUB OF INDIA PVT. LIMITED 5 14 . GROUND NO. 5.1(B) RELATES TO DISALLOWANCE OF PAYMENT OF WATER CHARGES MADE TO BMC CLAIMED BY THE ASSESSEE AS PART OF MUNICIPAL TAX . THE AO, BY FOLLOWING HIS PREDECESSORS ORDER, TOOK THE VIEW THAT THE WATER CHARGES CANNOT BE FORM PART OF MUNICIPAL TAX. ACCORDINGLY HE DISALLOWED THE CLAIM OF WATER CHARGES. THE LD CIT(A) ALSO CONFIRMED THE SAME. THE LEARNED AR SUBMITTED THAT THE TRIBUNAL HAS ALLOWED AN IDENTICAL CLAIM IN ITS ORDER PASSED FOR A.Y. 2008 - 09 IN ITA NO. 5935/MUM/2012. 15 . WE HAVE GONE THROUGH THE ORDER DATED 21.3.2016 PASSED IN A.Y. 2008 - 09 AND THE TRIBUNAL, IN PARA NO. 28 OF THE ORDER HAS DELETED THE ADDITION UNDER THE PRINCIPLES OF CONSISTENCY AS EXPLAINED IN THE CASE OF CIT VS. DALMIA PROMOTERS DEVELOPERS PVT. LTD. (281 ITR 346). THE TRIBUNAL NOTICED THE FACT THAT THE ASSESSEE IS IN NEED OF WATER TO MAINTAIN THE GROUND AND OTHER COLLA TERAL PURPOSE S AND ACCORDINGLY, CONCLUDED THAT THE EXPENDITURE INCURRED ON WATER CHARGES IS NECESSARY ONE AND ALLOWABLE UNDER THE PROVISIONS OF SECTION 23(1) OF THE ACT. SINCE A PARTICULAR VIEW HAS ALREADY BEEN TAKEN BY THE CO - ORDINATE BENCH ON THIS ISSUE, C ONSISTENT WITH THE VIEW SO TAKEN , WE SET ASIDE THE ORDER PASSED BY LD CIT(A) ON THIS ISSUE AND DIRECT THE ASSESSING OFFICER TO ALLOW DEDUCTION OF WATER CHARGES /TAX PAID TO BMC U/S. 23(1) OF THE ACT. 16 . THE GROUND NO.5.1(C) RELATES TO THE DISALLOWANCE MADE U/S 14A OF THE ACT. THE LEARNED AR SUBMITTED THAT THE COORDINATE BENCH OF THE TRIBUNAL HAD DELETED AN IDENTICAL ADDITION MADE IN THE A.Y. 2001 - 02 & 2002 - 03. H E ALSO SUBMITTED THAT THE COORDINATE BENCH HAS , HOWEVER, RESTORED THE MATTER TO THE FILE OF THE ASSESSING OFFICER IN THE ORDER PASSED FOR A.YS. 2006 - 07, 2007 - 08 & 2008 - 09. HE SUBMITTED THAT THE CLAIM OF THE ASSESSEE IS THAT IT DID NOT INCUR ANY EXPENDITURE IN RELATION TO EARNING EXEMPT INCOME AND HENCE NO DISALLOWANCE U/S 14A IS CALLED FOR . 1 7 . WE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. SINCE THE COORDINATE BENCHES HAVE RESTORED THIS MATTER TO THE FILE OF THE M/S. CRICKET CLUB OF INDIA PVT. LIMITED 6 ASSESSING OF FICER IN A.Y. 2006 - 07 & 2008 - 09, C ONSISTENT WITH THE VIEW TAKEN THEREIN, WE SET ASIDE THE ORDER PASSE D BY THE LEARNED CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINING IT AFRESH IN ACCORDANCE WITH LAW. 18 . NEXT GROUND URGED IN GROUND NO. 5.1(D)(I) RELATES TO APPLICABILITY OF MAT PROVISIONS TO THE ASSESSEE. THE L EARNED AR FAIRLY ADMITTED THAT THIS ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE BY THE TRIBUNAL , VIDE ITS ORDER DATED 21.3.2016 PASSED IN ITA NO. 4758 & 4759/MUM/2011 & 5935/MUM/2012 RELATING TO A.Y. 2004 - 05, 2007 - 08 & 2008 - 09. CONSISTENT WITH THE VIEW TAK EN BY THE COORDINATE BENCH, WE UPHOLD THE ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE. 19 . NEXT ISSUE URGED IN GROUND NO. 5.1(D)(II) RELATES TO CLAIM FOR MAT CREDIT OF ` 109.11 LAKHS U/S. 115JAA. LEARNED AR SUBMITTED THAT THE ASSESSEE PAID A SUM OF ` 109.11 LAKHS U/S. 115JB IN A.Y. 2008 - 09 AND IT IS ELIGIBLE FOR CREDIT U/S. 115JAA OF THE ACT. SINCE THE TRIBUNAL HAS CONFIRMED THE APPLICABILITY OF PROVISIONS OF SEC. 115JB, THE LD A.R SUBMITTED THAT THE ASSESSEE CANNOT BE DENIED THE BENEFIT OF MAT CREDIT ALLOWABLE AS PER THE PROVISIONS OF THE ACT. 20 . WE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. WE FIND MERIT IN THE SUBMISSIONS OF THE ASSESSEE . ACCORDINGLY, WE RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECT ION TO ALLOW MAT CREDIT AS PER THE RELEVANT PROVISIONS OF THE ACT. 21 . NEXT G ROUND URGED IN 5.1(E) RELATES TO CLAIM OF DEPRECIATION ON THE ADDITION OF ` 185.31 LAKHS MADE IN A.Y. 2007 - 08 BY TREAT ING THE REVENUE EXPENDITURE CLAIMED BY THE ASSESSEE AS CAPI TAL EXPENDITURE . THE LEARNED AR SUBMITTE D THAT THE ASSESSING OFFICER HAD INCURRED EXPENSES FOR HOSTING ICC CHAMPIONS TROPHY 2006 TO THE TUNE OF ` 185.31 LAKHS IN A.Y. 2007 - 08 AND CLAIMED THE SAME AS REVENUE EXPENDITURE. HOWEVER THE AO DISALLOWED THE ABOV E SAID CLAIM BY TREATING THE SAME AS CAPITAL IN NATURE . HOWEVER HE ALLOWED M/S. CRICKET CLUB OF INDIA PVT. LIMITED 7 DEPRECIATION THEREON AT THE RATE OF 10%. THE LD A.R SUBMITTED THAT THE ORDER PASSED BY THE ASSESSING OFFICER IN AY 2007 - 08 HAS SINCE BEEN REVERSED BY HON'BLE ITAT . H OWEVER, THE RE VENUE HAS CHALLENGED THE ORDER PASSED BY THE ITAT BY FILING THE APPEAL BEFORE THE HIGH COURT OF BOMBAY AND IS PENDING . THE LD A.R SUBMITTED THAT, IN THE EVENT OF REVERSAL OF ORDER OF THE ITAT PASSED ON THIS ISSUE , THEN THE ASSESSEE SHOULD BE ALLOWED DEPRE CIATION ON THE WDV AMOUNT . THE LD A.R SUBMITTED THAT THE ASSESSEE HAS TAKEN THIS GROUND ON A SAFER COURSE AS THERE IS A POSSIBILITY THAT THE AO MAY REJECT THE CLAIM ON THE GROUND THAT THE ASSESSEE HAS NOT CLAIMED THE SAME IN THE RETURN OF INCOME. 22. WE HEARD LD D.R ON THIS ISSUE AND ARE OF THE VIEW THAT THE PRAYER OF THE ASSESSEE IS CONSEQUENTIAL IN NATURE AND HAS TO BE CONSIDERED BY THE ASSESSING OFFICER IN ACCORDANCE WITH LAW. ACCORDINGLY WE RESTORE THIS ISSUE TO THE FILE OF THE AO WIT H THE DIRECTION TO DECIDE THE SAME AFTER THE RECEIPT OF ORDER OF HONBLE HIGH COURT. 23 . IN GROUND NO. 6.1 & 6.2, THE ASSESSEE IS CHALLENGING DECISION OF THE LEARNED CIT(A) IN ENHANCING INCOME OF THE ASSESSEE TO ` 1562.22 LAKHS AS AGAINST ASSESSED INCOME OF ` 1 118.21 LAKHS BY HOLDING THAT THE ASSESSEE IS NOT ELIGIBLE FOR EXEMPTION UNDER THE PRINCIPLE S OF MUTUALITY. THE LEARNED AR SUBMITTED THAT THE LEARNED CIT(A) ISSUED NOTICE OF ENHANCEMENT DATED 22.8.2014 AND THE SAME WAS RECEIVED BY THE ASSESSEE ON 26. 8.2014 . T HE ASSESSEE WAS DIRECTED TO FILE ITS REPLY BY 28.8.2014 BY LD CIT(A) . IN VIEW OF THE SHORT NOTICE, THE ASSESSEE COULD NOT PREPARE REPLY AND ACCORDINGLY SOUGHT AN ADJOURNMENT ON 27.8.2014 . H OWEVER THE ADJOURNMENT REQUEST WAS REJECTED BY THE LEAR NED CIT(A). THE REAFTER, THE ASSESSEE FILED A DETAILED WRITTEN SUBMISSIONS , VIDE ITS LETTER DATED 5.9.2014 , IN REPLY TO THE NOTICE ISSUE BY LD CIT(A). HOWEVER, IT WAS NOT CONSIDERED BY THE LEARNED CIT(A) AND ACCORDINGLY THE LD CIT(A) PASSED THE ORDER ENHAN CING THE INCOME OF THE ASSESSEE BY REJECTING THE CLAIM FOR EXEMPTION UNDER THE PRINCIPLES OF MUTUALITY . THE LD A.R SUBMITTED THAT THE INCOME GENERATED FROM THE MEMBERS HAVE BEEN EXEMPTED UNDER THE PRINCIPLES OF MUTUALITY ALL ALONG AND HENCE THE LEARNED M/S. CRICKET CLUB OF INDIA PVT. LIMITED 8 CI T(A) W AS NOT JUSTIFIED IN ENHANC ING INCOME OF THE ASSESSEE WITHOUT PROVIDING ADEQUATE OPPORTUNITY TO THE ASSESSEE AND ALSO WITHOUT CONSIDERING DETAILED WRITTEN SUBMISSIONS FILED BY IT. 2 4 . WE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECO RD. SINCE THE LEARNED CIT(A) HAS TAKEN HIS DECISION ON THIS ISSUE WITHOUT CONSIDERING THE WRITTEN SUBMISSIONS OF THE ASSESSEE, IN THE INTEREST OF NATURAL JUSTICE, WE ARE OF THE VIEW THIS ISSUE NEEDS FRESH EXAMINATION AT THE END OF THE LEARNED CIT(A). ACCO RDINGLY, WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE LEARNED CIT(A) WITH THE DIRECTION TO DECIDE THE SAME AFRESH AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 25 . GROUND NO. 7 CONSISTI NG OF GROUND NO. 7.1 TO 7.3 ARE ALTERNATIVE GROUNDS TO GROUND NO. 6. THE LD A.R SUBMITTED THAT THESE GROUNDS HAVE BEEN TAKEN TO CLAIM DEDUCTIONS, IF THE REJECTION OF PRINCIPLES OF MUTUALITY WAS AFFIRMED BY THE TRIBUNAL. SINCE WE HAVE RESTOR ED GROUND NO. 6 TO THE FILE OF THE LEARNED CIT(A), THE ALTERNATIVE CONTENTIONS RAISED IN GROUND NO. 7 ALSO NEED TO BE SET ASID E TO HIS FILE. ACCORDINGLY, WE RESTORE GROUND NO. 7 CONSISTING OF 7.1 TO 7.3 TO THE FILE OF THE LEARNED CIT(A) FOR ADJUDICATING TH EM AFTER PROVIDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE . 2 6 . LEARNED AR DID NOT PRESS GROUND NO S . 8 TO 10 AND ACCORDINGLY THE SAID GROUNDS ARE DISMISSED AS NOT PRESSED. 27 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 4 . 10 .201 7. SD/ - SD/ - (PAWAN SINGH ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 4 / 10 / 20 1 7 M/S. CRICKET CLUB OF INDIA PVT. LIMITED 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) PS ITAT, MUMBAI