M/S. Sobha Magnolia Condominium Owners Association, Bengaluru vs. Income Tax Officer, Ward 4(3)(1), Bengaluru
In the result, the appeal filed by the assessee is allowed for statistical purposes
ITA 1934/BANG/2018[2013-14]Status: DisposedITAT Bangalore16 May 2019AY 2013-14
Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year :2013-14 M/S. Sobha Magnolia Condominium Owners Association, The Income Tax Officer, No. 16, Bannerghatta Road, Vs. Ward – 4 (3) (1), 1St Main, Gurrappanapalya, Bangalore. Bangalore – 560 076. Pan: Aagas0682P Appellant Respondent Appellant By : Shri C. Prashanth, Ca Respondent By : Shri R.N. Siddappaji, Addl. Cit (Dr) Date Of Hearing : 02.05.2019 Date Of Pronouncement : 16.05.2019
For Appellant: Shri C. Prashanth, CAFor Respondent: Shri R.N. Siddappaji, Addl. CIT (DR)
Section 143Section 250
…ected from members as Maintenance Deposits and the income arising from them has to be first adjusted to maintenance expense and balance alone is taxable. 6. The Hon'ble Income Tax Appellate Tribunal, Ahmedabad in the case of Gulmarg Association &Anr. Vs. ITO (90 TTJ 184) has upheld that interest income out of investment of the funds from Maintenance Deposits are to be set-off against the Maintenance expense which is squarely applicable to the case of the appellant. 7. The learned assessing officer ought to have brought to tax only the net income as per the financial statements, of Rs. (-) 32,241/- on the facts an…