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2021 (4) TMI 65 - HC - Income TaxDoctrine of mutuality - Income generated by Clubs with the Appellate Association - not applying the doctrine of mutuality and not tainted with commerciality - HELD THAT:- The assessee was claiming the disallowance on the basis of principles of mutuality. The principle of mutuality relates to the notion that a person cannot make a profit from himself. An amount received from oneself is not regarded as income and is therefore not subject to tax, only the income which comes within the definition of Section 2(24) of the Act is subject to tax. In the present case, the income in dispute relates to pay and park charges, rent from Vodafone Tower, rent from BSNL Tower, rent from Idea Tower and Interest from Fixed Deposit. In the first place the income i.e, pay and park charges, rent from Vodafone Tower, Rent from BSNL Tower, Rent from Idea Tower cannot be considered to be covered by the doctrine of mutuality. With regard to interest on Fixed Deposit also, the doctrine is certainly not at all applicable. In the light of the aforesaid, as the matter is squarely covered by the judgment delivered by the Hon’ble Supreme Court in Bangalore Club vs. Commissioner of Income tax [2013 (1) TMI 343 - SUPREME COURT] the substantial questions of law are answered in favour of the department and against the assessee.
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