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2016 (6) TMI 1073 - BOMBAY HIGH COURT

2016 (6) TMI 1073 - BOMBAY HIGH COURT - TMI - Appeal is admitted on the following substantial question of law: Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in upholding the order of CIT(A) Mumbai in deleting the following addition: - (i) Transfer fees; - (ii) Rent received from Telecom Companies; and - (iii) Advertisement charges on the ground that they are covered by the concept of mutuality under the Act? - INCOME TAX APPEAL NO. .....

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ns of law for our consideration : Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in upholding the order of CIT(A) Mumbai in deleting the following addition:::: (i) Transfer fees; (ii) Rent received from Telecom Companies; (iii) Car parking; (iv) Nonoccupation charges; (v) Specific facilities given to members; and (vi) Advertisement charges on the ground that they are covered by the concept of mutuality under the Act? 3. So far as item no.(iii) i. .....

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overed by the concept of mutuality. This is so as only the members of the society are entitled to use specific facilities available with the society on payment. This facility is not extended to nonmembers. 4. Thus, the aforementioned item nos. (iii) and (v) above would stand covered by the principle of mutuality as laid down by the Apex Court in Bangalore Club v/s. CIT 350 ITR 509 which requires three conditions to be satisfied before the concept of mutuality can be applied namely, there must be .....

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