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Whether on the facts and circumstances of the case and in law, the Tribunal was justified in allowing the benefit of exemptions u/s.11 and 12 of the Act without considering the fact that the assessee is involved in widespread commercial activities in nature of business and holding that the activity of the assessee is covered under first and second proviso to section 2(5) of the Act?

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Section 11, 12 of Income Tax Act, 1961— In the instant case, revenue has challenged the order passed by ITAT in matter of allowing the benefit of section 11 and 12 of income tax act to the assessee.

Held that— the controversy involved in the present case stands concluded by a judgment dated 27.09.2019 passed by this court in the case of Commissioner of Income Tax (Exemption) v. Gujarat Cricket Association rendered in Tax Appeals No.268 of 2012 and allied matters, wherein the issue has been decided in favour of the assessee and against the Revenue. Under the circumstances, it is not necessary to set out the facts and contentions in detail.[THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) VERSUS BARODA CRICKET ASSOCIATION] [2019] 20 ITCD Online (28) [GUJARAT HIGH COURT]

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