What is Bangalore Club v. CIT authority for?

The Supreme Court affirmed the doctrine of mutuality, holding that contributions received from and returned to members for a common purpose do not constitute taxable profits. However, income from transactions with non-members or interest earned from investments in external entities (like cooperative banks) may break the mutuality chain and be taxable under Section 56, falling outside the scope of Section 80P deductions.

How many judgments cite Bangalore Club v. CIT?

247 judgments on BharatTax cite Bangalore Club v. CIT (350 ITR 509), spanning 2014 to 2026.

Which sections of the Income Tax Act does Bangalore Club v. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 80P(2)(a)(i), Section 56, Section 80P(2)(d), Section 254, Section 142(1).

Bangalore Club v. CIT (350 ITR 509)

Hyde Park (A) Co Operative Housing Society Limited, Pune vs. Income Tax Officer, Ward 5 (4), Pune

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 262/PUN/2020[2016-2017`]Status: DisposedITAT Pune17 Aug 2021

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.262/Pun/2020 िनधा"रण वष" / Assessment Year : 2016-17 Hyde Park (A) Cooperative Housing Society Limited, Society Office Hyde Park (A) Cooperative Housing Society Ltd., Market Yard Road, Market Yard, Pune-411037. .......अपीलाथ" / Appellant Pan : Aaajh0371F बनाम / V/S. Ito, Ward-5(4), ……""यथ" / Respondent Pune. Assessee By : Shri Sanket M. Joshi Shri Sudeep Chhallani Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 16.08.2021 घोषणा क" तारीख / Date Of Pronouncement : 17.08.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 4, Pune (‘Cit(A)’ For Short) Dated 24.09.2019 For The Assessment Year 2016-17. 2. Briefly, The Facts Of The Case Are As Under :- The Appellant Is A Cooperative Society Formed Under The Maharashtra Cooperative Societies Act, 1960. It Is Formed With The Object Of Maintaining The Housing Society. The Return Of Income For The Assessment Year 2016-17 Was Filed On 07.09.2016 Declaring Total Income Of Rs.Nil. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward- 5(4), Pune (‘The Assessing Officer’) Vide Order Dated 22.12.2018 Passed

For Appellant: Shri Sanket M. JoshiFor Respondent: Shri S. P. Walimbe

Section 143(3)Section 80P(2)(d)

…xempt under the provisions of section 80P(2)(d) of the Act. The ld. CIT(A) had rejected the contention that the income should be exempt on the principle of mutuality placing reliance on the decision of Hon’ble Apex Court in the case of Bangalore Club vs. CIT, 350 ITR 509 (SC). However, he had not adverted to the alternative contention of the appellant. As regards to the claim for deduction u/s 80P(2)(d) of the Act, the ld. CIT(A) had directed the Assessing Officer to allow the same after due verification in the light of the following decisions :- (i) Land and Co-operative Housing Society Ltd. vs. ITO, 46 CCH 50 (…

ACIT 23(3), Mumbai vs. M/S the Salsette Catholic Co-Op. Housing Ltd., Mumbai

In the result, Revenue’s appeal is for the A

ITA 3870/MUM/2019[2013-14]Status: DisposedITAT Mumbai13 May 2021AY 2013-14

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahman

For Appellant: Shri Vijay MehtaFor Respondent: Shri T.S. Khalsa

Section 194ASection 2(19)Section 56Section 80PSection 80P(2)(d)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA no.3870/Mum./2019 (Assessment Year : 2013–14) ITA no.3871/Mum./2019 (Assessment Year : 2014–15) Asstt. Commissioner of Income Tax ……………. Appellant Circle–23(3), Mumbai v/s The Salsette Catholic Co–operative Housing Ltd., The Bandra Gymkhana ……………. Respondent 42 St. Andrew’s Road, Bandra (W) Mumbai 400 050 PAN–AAAAT0195N Revenue by : Shri T.S. Khalsa Assessee by : Shri Vijay Mehta Date of Hearing – 26.04.2021 Date of Order – 13.05.2021 O R D E R PER S. RIFAUR RAHMA…

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Income Tax Officer Ward-4(3)(3), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 772/BANG/2018[2014-15]Status: DisposedITAT Bangalore01 Apr 2021AY 2014-15

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistat Commissioner of Income Tax Circle-4(3)(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 771/BANG/2018[2013-14]Status: DisposedITAT Bangalore01 Apr 2021AY 2013-14

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistat Commissioner of Income Tax Circle-4(2)(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 770/BANG/2018[2012-13]Status: DisposedITAT Bangalore01 Apr 2021AY 2012-13

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Vijaya Bank Employees Housing Tax Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 769/BANG/2018[2011-12]Status: DisposedITAT Bangalore01 Apr 2021AY 2011-12

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 768/BANG/2018[2009-10]Status: DisposedITAT Bangalore01 Apr 2021AY 2009-10

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Viijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 767/BANG/2018[2008-09]Status: DisposedITAT Bangalore01 Apr 2021AY 2008-09

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed, as indicated above

ITA 766/BANG/2018[2007-08]Status: DisposedITAT Bangalore01 Apr 2021AY 2007-08

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.V.Chandrashekar, AdvocateFor Respondent: Ms.Neera Malhotra, CIT-DR

Section 143(3)Section 148

…d Deposits. (vi) Interest income is non-mutual income and is taxable in the hands of the society based on the following decisions: (a) Madras Cricket Club (2011) 334 ITR 238 (Mad.) (b) Madras Gymkhana Club (2010) 324 ITR 348 (Mad.) (c) Bangalore Club (2013) 350 ITR 509 (SC) 7. The A.O. had made similar additions for the other assessment years, as well. 5 ITA Nos.766-772/Bang/2018 M/s.Vijaya Bank Employees Ho.Co.op.So.Ltd. . 8. Aggrieved by the additions made by the Assessing Officer for assessment years 2007-2008 to 2009-2010, 2011-2012 to 2014-2015, the assessee preferred appeals to the first appellate autho…

M/S Brigade Plaza Unit Owners Association vs. Income Tax Officer

The appeal stands dismissed

ITA/464/2019HC Karnataka25 Feb 2021

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Section 143(2)Section 260

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2021 PRESENT THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE MR. JUSTICE V.SRISHANANDA ITA NO.464/2019 BETWEEN: M/S. BRIGADE PLAZA UNIT OWNERS ASSOCIATION NO.71/1, S.C.ROAD ANAND RAO CIRCLE BANGALORE-560 009 …APPELLANT (BY SRI.DILIP KUMAR, ADV.,) AND: INCOME TAX OFFICER WARD NO.5 (2) (3), CENTRAL REVENUE BUILDING NO.1, QUEENS ROAD BANGALORE-560 001 … RESPONDENT (BY SRI.K.V.ARAVIND, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARI…

ACIT(E)- Circle- 1(1), New Delhi vs. India Habitat Centre, New Delhi

In the result, appeal of Revenue dismissed

ITA 5779/DEL/2017[2014-15]Status: DisposedITAT Delhi01 Feb 2021AY 2014-15

Bench: Shri Bhavnesh Saini & Shri B.R.R. Kumar

For Appellant: Shri M.P. Rastogi, AdvocateFor Respondent: Shri Prakash Dubey, Sr. DR

Section 11Section 12ASection 2(15)Section 80G(5)(vi)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “C” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.No.5779/Del./2017 Assessment Year 2014-2015 The ACIT (Exemption), India Habitat Centre, Circle-1(1), E-2 Block, Pratyaksh Kar Bhawan, Lodhi Road, [vs. Dr. Shyama Prasad Mukherjee Civic Centre, New Delhi – 110 003. New Delhi - 110 002 (Appellant) (Respondent) For Revenue : Shri Prakash Dubey, Sr. DR For Assessee : Shri M.P. Rastogi, Advocate Date of Hearing : 21.01.2021 Date of Pronouncement : 01.02.2021 ORDER PER BHAVNESH SAINI, J.M. This appeal by Revenu…

ITO 21(2)(2), Mumbai vs. Mtnl Mumbai Employees Cooperative Credit Society Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 3733/MUM/2019[2014-15]Status: DisposedITAT Mumbai27 Jan 2021AY 2014-15

For Appellant: Deepak Tikekar, ARFor Respondent: Shri Bharat Anahale (DR)

Section 143(2)Section 56Section 80P(2)(a)Section 80P(2)(d)Section 80P(4)

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JM आयकर अपील सं/ I.T.A. No.3733/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) ITO-21(2)(2) बिधम/ MTNL Mumbai Employees Piramal Chambers, 1st Floor Cooperative Credit Society Vs. Room NO.111 Limited Lalbaug, Parel Shivaji Park, Telephone Mumbai-400 012 Exchange Compound, Anant Patil Marg, Dadar Mumbai-400 028 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAAAM1777H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue by: Shri Bharat Anahale (DR) Assessee by: Deepak Tikekar, AR सुनवाई की…

Confederation of Real Estate Developers of India, Mumbai vs. CIT (A)- 3, Mumbai

The appeal of the assessee is allowed in terms of our observations recorded hereinabove

ITA 2815/MUM/2018[2014-15]Status: DisposedITAT Mumbai15 Sept 2020AY 2014-15

Bench: Shri M. Balaganesh & Shri Ravish Soodconfederation Of Real Estate Acit (Exemption)-1(1), Developers Association Of India, Piramal Chambers, Lalbaug, 5Th Floor, Phd House, Vs. Parel, Mumbai 400 012 4/2, Siri Insitutional Area, New Delhi-110016

For Appellant: Shri Jitendra Jain &For Respondent: Shri. Kumar Padmapani Bora &

Section 11Section 12ASection 143(2)Section 143(3)Section 2(15)Section 25Section 8

…Bangalore Club Vs. CIT (2013) ITA No.6896/Mum/2019 A.Y.2016-17 25 Confederation of Real Estate Developers Association of India Vs. ACIT(Exemption)-1(1) ITA No.2815/Mum2018 A.Y.2014-15 Confederation of Real Estate Developers Association of India Vs. CIT(A)-3 350 ITR 509 (SC) concluded, that the interest income of Rs.61,27,025/- received by the assessee trust did not satisfy the mandate of principle of mutuality, and thus, was liable to be assessed to tax as its income from other sources. Accordingly, the A.O assessed the income of the assessee trust at Rs.61,27,025/-. 19. Aggrieved, the assessee carried the mat…

Confederation of Real Estate Developers Associaton of India, New Delhi vs. ACIT (Exem)-1(1), Mumbai

The appeal of the assessee is allowed in terms of our observations recorded hereinabove

ITA 6896/MUM/2019[2016-17]Status: DisposedITAT Mumbai15 Sept 2020AY 2016-17

Bench: Shri M. Balaganesh & Shri Ravish Soodconfederation Of Real Estate Acit (Exemption)-1(1), Developers Association Of India, Piramal Chambers, Lalbaug, 5Th Floor, Phd House, Vs. Parel, Mumbai 400 012 4/2, Siri Insitutional Area, New Delhi-110016

For Appellant: Shri Jitendra Jain &For Respondent: Shri. Kumar Padmapani Bora &

Section 11Section 12ASection 143(2)Section 143(3)Section 2(15)Section 25Section 8

…Bangalore Club Vs. CIT (2013) ITA No.6896/Mum/2019 A.Y.2016-17 25 Confederation of Real Estate Developers Association of India Vs. ACIT(Exemption)-1(1) ITA No.2815/Mum2018 A.Y.2014-15 Confederation of Real Estate Developers Association of India Vs. CIT(A)-3 350 ITR 509 (SC) concluded, that the interest income of Rs.61,27,025/- received by the assessee trust did not satisfy the mandate of principle of mutuality, and thus, was liable to be assessed to tax as its income from other sources. Accordingly, the A.O assessed the income of the assessee trust at Rs.61,27,025/-. 19. Aggrieved, the assessee carried the mat…

The Bharat Co-Operative Thrift & Credit Society Ltd., New Delhi vs. ITO, Ward- 39(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 4104/DEL/2018[2014-15]Status: DisposedITAT Delhi25 Jun 2020AY 2014-15

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

Section 143(1)Section 80PSection 80P(2)(a)Section 80P(2)(i)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘SMC-1’ NEW DELHI BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 4104/DEL/2018 (A.Y 2014-15) The Bharat Co-Operative Vs ITO Thrift & Credit Society Ltd. Ward-39 (1) 33/12, Shakti Nagar, New Delhi New Delhi PAN: AAATT9503B (RESPONDENT) (APPELLANT) Appellant by Sh. K. Sampath, Adv Respondent by Sh. M. Barnwal, Sr. DR Date of Hearing 10.06.2020 Date of Pronouncement 25.06.2020 ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 12.02.2018 passed by CIT(A)- 13, New D…

The Pr.Commissioner of Income Tax vs. Sri Koundinya Educational Society

ITTA/179/2019HC Andhra Pradesh29 Oct 2019

Bench: C.PRAVEEN KUMAR,CHEEKATI MANAVENDRANATH ROY

…. (2000) 3 Supreme Court Cases 379 26. (2003) 6 SCC 1 27. (2013) 1 SCC 353 28. AIR 2002 SC 322 29. AIR 1986 SC 806 30. (2008) 9 SCC 552 31. AIR 2019 SC 4436 32. (2012) 11 SCC 1 33. AIR 2016 SC 451 34. 2004) 6 SCC 765 35. (2009) 1 SCC 180 36. (1994) 5 SCC 509 37. [1985] AC 374 38. (1989) [1990] 1 W.L.R 1545 at 1569-1570 High Court (Queen‟s Bench) (England & Wales) 39. [2009) A.C. 456 at 513 para 135, House of Lords (UK) 40. [1968] EWCA Civ 1, [1969] 2 Ch. 149 at 170-171, Court of Appeal (England and Wales) 41. [1983] UKHL 1, [1983] 2 A.C. 237, H.L. (UK) 42. [1985] A.C. 374, H.L. (U.K) 43. [2001…

State Bank of Hyderabad Employee'S Cooperative Credit Society Limited, Hyderabad vs. Income Tax Officer, Ward-5(3), Hyderabad

In the result, the appeal of assessee is treated as partly allowed

ITA 2021/HYD/2017[2013-14]Status: DisposedITAT Hyderabad05 Sept 2019AY 2013-14

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri A.V.Raghuram, ARFor Respondent: Shri Mohan Kumar, DR

Section 143(1)Section 143(2)Section 80PSection 80P(2)(a)

…h Court of Andhra Pradesh in the assesse's own case in ITTA No. 669 of 2016 dated 12th April, 2017, wherein the decision of the Honorable Supreme Court in the case of Totgar's Co-op Sale Society Ltd. (322 ITR 283) and in the case of Bangalore Club reported in 350 ITR 509 relied up by the CIT (Appeals) were also duly considered by the Honorable High Court of Andhra Pradesh”. 4. Considered the rival submissions and material on record. In the above Grounds of Appeal, Ground Nos.4 & 5 are relating to Section 80P of the Act and other Grounds are relating to payment of interest to the shareholders. Since the assessee…

Power Welfare Organisation, Gurgaon vs. ITO, Ward- 3(2), Gurgaon

In the result, the appeal filed by the assessee is allowed

ITA 459/DEL/2018[2014-15]Status: DisposedITAT Delhi08 Aug 2019AY 2014-15

Bench: Shri R.K. Pandaassessment Year: 2014-15

Section 143(2)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘SMC’ NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2014-15 Power Welfare Organisation vs ITO PWO Housing Complex, Ward 3(2) Plot No. GH-1A, Gurgaon. Sector-43, Near Sushant Lok, D-Block, Gurgaon, Haryana. PAN No. AAAAP3991J APPELLANT RESPONDENT Assessee by Shri Kunal Aggarwal, CA Revenue by Shri S.L. Anuragi, Sr. DR Date of Hearing 01.08.2019 Date of Pronouncement 08.08.2019 ORDER This appeal filed by the assessee is directed against the order dated 04.10.2017 of the Ld. CIT(Appeals)-1, Gurgaon relating to AY 2014-15. 2. Levy of penal…

DCIT (E), New Delhi vs. India Habitate Centre, New Delhi

The appeal of the Revenue is dismissed

ITA 3911/DEL/2016[2013-14]Status: DisposedITAT Delhi06 Jun 2019AY 2013-14

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 11Section 12ASection 2(15)Section 80G(5)(vi)

…ting the addition of Rs. 1,09,75,693/- made on account of bank interest ITA No.3911/Del/2016 AY 2013-14 India Habitat Centre being not covered under principle of mutuality in view of the Judgment of Hon’ble Supreme Court in the case of Bangalore Club Vs CIT 350 ITR 509 (SC). 3. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing.” 3. The assessee Society is registered u/s 12A of the Income Tax Act, 1961 (the Act) vide order dated 13.01.1989. The Society was also granted approval u/s 80G(5)(vi) of the Act vide approval dated 19.07.2011. The return of inc…

Belvedere Tower Condominium Association, Gurugram vs. ITO, Ward- 1(3), Gurugram

In the result appeal of the assessee is allowed

ITA 1427/DEL/2018[2014-15]Status: DisposedITAT Delhi16 May 2019AY 2014-15

Bench: Shri R.K. Pandaassessment Year: 2014-15 Belvedere Tower Condominium Vs. Ito, Association, Ward-1(3), Dlf City, Phase Ii, Gurugram. Gurgaon, Haryana. Pan: Aaaab2964K (Appellant) (Respondent) Assessee By : Shri Sudhir Gupta, Ca & Shri Sanjesh Jawarani, Ca Revenue By : Shri S.L. Anuragi, Sr. Dr Date Of Hearing : 07.05.2019 Date Of Pronouncement : 16.05.2019 Order This Appeal By The Assessee Is Directed Against The Order Dated 29Th December, 2017 Passed By The Cit(A)-, Gurgaon, Relating To Assessment Year 2014-15. 2. The Ground A. By The Assessee Reads As Under:- “A. Addition Of Interest Income Paid On Interest Bearing Maintenance Security Ibms 1. The Assessment Is Bad In Law & Against The Facts & Circumstances Of The Case. 2. The Addition Made Is Solely Based On Judgment Of Bangalore Club Which Is A Commercial Club Whereas The Assessee Is A Resident Welfare Association (Rwa). 3. The Learned Assessing Officer Has Disregarded The Fact That The Interest Paid To Members Is Out Of Maintenance Security Held Separately For Each Member By Rwa. 4. The Said Interest Paid To Each Members Has Been Made After Deduction Of Tax At Source & Is Offered For Taxation In The Hands Of Members. Addition Made On This Account Will Lead To Double Taxation Which Is Against The Principles Of Taxation.”

For Appellant: Shri Sudhir Gupta, CA &For Respondent: Shri S.L. Anuragi, Sr. DR

Section 143(3)Section 57

…n the ground that the deduction is not allowed as per section 57(iii) of the IT Act. In appeal, the ld.CIT(A) upheld the action of the Assessing Officer by relying on the decision of the Hon'ble Supreme Court in the case of Bangalore Club vs. CIT reported in 350 ITR 509. 4. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 5. The ld. counsel for the assessee submitted that the assessee has received an amount of Rs.34, 84,631/- on account of interest bearing maintenance security kept with banks and savings bank interest and has paid Rs.23,98,582/- to members being interest…

Bangalore Club v. CIT

What is Bangalore Club v. CIT authority for?

Also referred to as

Also reported as

Sections most often in play

Issues it is cited on

Judgments citing Bangalore Club v. CIT

Hyde Park (A) Co Operative Housing Society Limited, Pune vs. Income Tax Officer, Ward 5 (4), Pune

ACIT 23(3), Mumbai vs. M/S the Salsette Catholic Co-Op. Housing Ltd., Mumbai

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Income Tax Officer Ward-4(3)(3), Bangalore

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistat Commissioner of Income Tax Circle-4(3)(1), Bangalore

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistat Commissioner of Income Tax Circle-4(2)(1), Bangalore

M/S Vijaya Bank Employees Housing Tax Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

M/S Viijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

M/S Vijaya Bank Employees Housing Co-Operative Society Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-10(1), Bangalore

M/S Brigade Plaza Unit Owners Association vs. Income Tax Officer

ACIT(E)- Circle- 1(1), New Delhi vs. India Habitat Centre, New Delhi

ITO 21(2)(2), Mumbai vs. Mtnl Mumbai Employees Cooperative Credit Society Ltd., Mumbai

Confederation of Real Estate Developers of India, Mumbai vs. CIT (A)- 3, Mumbai

Confederation of Real Estate Developers Associaton of India, New Delhi vs. ACIT (Exem)-1(1), Mumbai

The Bharat Co-Operative Thrift & Credit Society Ltd., New Delhi vs. ITO, Ward- 39(1), New Delhi

The Pr.Commissioner of Income Tax vs. Sri Koundinya Educational Society

State Bank of Hyderabad Employee'S Cooperative Credit Society Limited, Hyderabad vs. Income Tax Officer, Ward-5(3), Hyderabad

Power Welfare Organisation, Gurgaon vs. ITO, Ward- 3(2), Gurgaon

DCIT (E), New Delhi vs. India Habitate Centre, New Delhi

Belvedere Tower Condominium Association, Gurugram vs. ITO, Ward- 1(3), Gurugram