ASST CIT 16(2), MUMBAI vs. THANEE HEIGHTS CO OP HSG SOC. LTD, MUMBAI

The aforesaid appeal has been filed by the Revenue against impugned order dated 01/04/2014 passed by the CIT(A)-27, Mumbai in respect of the order of assessment passed u/s 143(3) for the assessment year 2010-11, on the following grounds:-

1) "Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is right in concluding that the principle of mutuality would apply to the collections made from members as non-occupancy charges. Whereas, the fact is that all participants to the “non-occupancy common fund” are not contributors to the non-occupancy common fund which thus defies the “principle of mutuality”.

2) “Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) is right in deleting the amount of Rs.87,625/- on account of car parking charges”.

3) The appellant craves leave to amend or alter any grounds or add a new ground which may be necessary.

Order pronounced in the open court on 7th January, 2016