Assessee cricket association was denied benefit of S. 11 on ground that registration granted to assessee had been cancelled, however, in view of fact that registration had been restored vide order passed by coordinate bench, applicability of S. 11 would follow. Amounts received by cricket association under TV subsidy from Board of Control for Cricket in India (BCCI) being under a resolution which specifically stated that TV subsidies should henceforth be sent to Member Associations towards corpus funds and not under any legal obligation were to be treated as corpus donations. Claim for depreciation on capital assets was to be allowed, even if amount spent on acquiring depreciable asset was treated as application of income of trust in year of acquisition, depreciation would still be allowable in subsequent years. (AY. 2004-05 to 2007-08)
Gujarat Cricket Association. v. ITO (2019) 175 ITD 224/ (2020) 190 DTR 205/ 205 TTJ 767 (Ahd.)(Trib.)
S. 11 : Property held for charitable purposes – Registration granted to assessee cricket association, cancelled earlier, had been restored- Exemption cannot be denied- Amounts received by cricket association under TV subsidy from Board of Cricket Control of India (BCCI) being under a resolution which specifically stated that TV subsidies were towards corpus funds and not under any legal obligation were to be treated as corpus donations-Depreciation on capital asset is to be allowed as application of income. [S. 11(1)(d), 12AA, 32]