CIT (2000) 243 ITR 89, Haryana State Co-operative Labour and Construction Federation Ltd. v. CIT

ACIT Circle-I vs. The New Vikas Cooperative House Building Society Ltd

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

…n 2 (31) of the income tax act. On the applicability of the principle of mutuality revenue relied upon the decision of the Hon‟ble Punjab and Haryana High Court in case of Haryana State cooperative labour and construction Federation Ltd versus CIT reported at 252 ITR 265 and decision of the Hon‟ble Supreme Court of India in case of Bangalore club versus CIT 350 ITR 509. 9. The Ld. authorized representative submitted that as there is no object of earning any profit or income by the assessee therefore up to AY assessment year 2002 – 03 assessee was not included in the definition of‟ person under section 2 (31) of t…

M/S. South Asia Forum for Infrastructure Regulation (Safir), New Delhi vs. ITO, New Delhi

In the result this ground of the assessee is dismissed

Bench: Shri J. Sudhakar Reddyay: 2010-11 South Asia Forum For Infrastructure Vs. Ito, Ward 31(2) (Safir( New Delhi 3Rd & 4Th Floor, Chanderlok Bldg. 36, Janpath New Delhi 110 001 Pan: Aaeas 4365 H (Appellant) (Respondent)

…n for refunding the funds to its members even after its dissolution. Therefore, the AO, placing reliance on the decision of the Hon'ble Punjab and Haryana High Court in the case of Haryana State Co- operative Labour and Construction Federation Limited Vs. CIT 252 ITR 265, concluded that the members have no control over the fund of the appellant society; therefore the principle of mutuality does not applicable here. Consequentially, the AO placing reliance on the decision of the Hon'ble Supreme Court in the case of Chelmsford Club 243 ITR 89 held that the appellant failed to be a society wherein the principal of m…

Commissioner of Income Tax vs. Talangang Coop Group Housing Society Ltd

The appeal stands dismissed in limine

…utuality. The assessing officer referred to the principles laid down in CIT v. Royal Western India Turf Club (1953) 24 ITR 551 (SC), Chelmsford Club v. CIT (2000) 243 ITR 89, Haryana State Co-operative Labour and Construction Federation Ltd. v. CIT (2001) 252 ITR 265 (P&H) and culled out the principle that a cooperative group society is not exempt from filing its return nor from income derived from other than constructional activities. After culling out the principle, the assessing officer referred to the letter dated 19th September, 2001 filed by the Administrator appointed by the Government of Delhi, s…