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TMI Blog2015 (10) TMI 1585X X X X Extracts X X X X X X X X Extracts X X X X ..... n, therefore, for the sake of convenience, we have heard these appeals together and are being disposed of by this consolidated order. 2. The revenue has raised identical grounds in AYs 1996-97, 2000-01 to 2002-03 in these appeals except difference in figures of the amount in the quantum addition and consequential penalty. For the sake of brevity, we are reproducing the grounds of appeal taken by the revenue in assessment year 1996-97. "1. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in deleting he penalty amounting to Rs. 4,74,600/- on the quantum addition made on account of receipt of transfer fees of Rs. 13,56,000/- ignoring that these were not voluntary contributions and there is no principle of mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um. In the quantum, for the assessment years for all the assessment years this issue have been decided by this Tribunal vide consolidated order 4.9.2013 against the assessee. However, for the assessment years 2003-04, 2004-05 and 2005-06 which is not a subject matter of the appeals before us, the Tribunal decided the quantum appeals in favour of the assessee vide consolidated order dated 24.6.2011. The ld. AR of the assessee has pointed out that against the order dated 24.6.2011 of this Tribunal, the revenue has filed appeals before the Hon'ble High Court which are dismissed by the Jurisdictional High Court vide order dated 17.7.2014, therefore, the issue is now finally decided by the Hon'ble High Court in favour of the assessee. He has fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 17.7.2014 as under : "Having heard Ms. Bharucha, learned counsel, appearing in support of this appeal and Mr. Hakani, learned counsel, appearing on behalf of the respondent assessee, we are of the opinion that the appeals do not raise any substantial question of law. The findings rendered by the tribunal are in consonance with the functioning and administration of a cooperative housing society that has been recognized by a division bench of this Court and the decision to that effect in Mittal court Premises co-operative Housing Society Ltd V/s Income Tax Officer reported in (2010) 320 ITR 414 concludes the issue. In the light of this division bench order and which has been followed in the case of Jai Hind Co-operative Housing society Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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