Chhattisgarh State Cricket Sangh v. Dy. CIT (E) (2019) 178 DTR 369 / 200 TTJ 242 ( Raipur) (Trib)

S. 12AA : Procedure for registration–Trust or institution-Organizing coaching for players, conducting matches at district and State level and organizing camps for players to develop their skill for national and international tournament–Held not to provide any service in nature of trade, commerce or industry-Eligible for registration. [S.2(15)]

The assessee society was recognized body for selection of cricket player in State of Chhattisgarh.  The assessee was associate member of BCCI formed solely for promotion of cricket in the State of Chhattisgarh.  The main objects of the assessee trust were to encourage sports facilities at district level and to encourage young and talented sportsmen and also to provide facility for cricket among the sportsmen.  The assessee was organizing coaching for cricket players, conducting matches at district and State level, organizing camp for the players to develop their skill for national and international tournaments. The assessee filed an application for registration under S.12AA. The CIT(E) pointed out that the assessee was conducting Indian Premier League (IPL) which was commercial in nature and the assessee gets a share in IPL from BCCI.  The Commissioner had rejected the application of the assessee for granting registration under S. 12AA because the assessee was in receipts from the BCCI every year and these were in nature of trade, commerce or business as per proviso to S. 2(15) and, therefore, the assessee was not carrying out any charitable activities.  On appeal to Tribunal against the action of the CIT(E), it was held by Tribunal that where assessee-society was set up with object of promoting sport of cricket and to bring out new talent in field of cricket and to organize coaching and camps for players, conduct matches at district and State level, it could not be said that assessee was providing any service in nature of trade, commerce or industry and assessee was entitled to registration under S.  12AA of the Act.