ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE vs. M/S. POONA CLUB LTD,, PUNE
In the result, the appeal filed by the Revenue in ITA
ITA 1939/PUN/2017[2013-14]Status: DisposedITAT Pune20 Apr 2022AY 2013-14
Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.
For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri M. G. Jasnani
Section 143(1)Section 143(3)Section 147Section 148
…The Hon’ble ITAT in assessee’s own case for earlier years also held that the entrance fees received from the members is capital receipts. The ld. AR also placed reliance on the decision of the ITAT, Ahmedabad Bench in the case of ACIT vs. Karnavati Club Ltd., 4 ITR 174. 34. The issue whether the entrance fee is as revenue account or capital account is no more res-integra as the issue was decided by the Hon’ble Bombay High Court in the case of CIT vs. W.I.A.A. Club Ltd., 136 ITR 569 (Bom.-HC) wherein it held as follows :- “Now, it is important to bear in mind that though entrance fee is received by the assessee fr…