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The Commissioner of Income Tax-16 Versus M/s. Pancharatna CHS Ltd.

2016 (6) TMI 1073 - BOMBAY HIGH COURT

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) T .....

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ECHA & A. K. MENON, JJ. Mr. A. R. Malhotra a/w N. A. Kazi for the Appellant. Mr. Swapnil Bangar a/w Amol Kharat i/b. Pillai & Co. for the Respondent. ORDER P.C.: 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challeng .....

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he 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) .....

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ecific facilities given to members are concerned, both would be covered by the concept of mutuality. The fees for the car parking facility is in respect of permitting a member to park an additional car in the society's premises. This facility for .....

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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 princ .....

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d the participators., the actions of the participators and the contributors must be in the furtherance of the objects of the Association and thirdly, there must be no scope for profiteering by the contributors. All the aforesaid three tests are satis .....

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e i.e. nonoccupation charges are concerned, it is an agreed position between the parties that the issue stands concluded before this Court by virtue of its decision in Mittal Court Premises Cooperative Society Ltd. v/s. Income Tax Officer 320 ITR 414 .....

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that the issue of transfer fees in excess of the Government Resolution received by the society would be covered by the concept of mutuality and not subjected to tax. Prima facie, we are of the view that the decision of this Court in Darbhanga Mansion .....

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