CIT v. Diners Business Services (P.) Ltd.

263 ITR 1High Court2003#2972 most cited

What is CIT v. Diners Business Services (P.) Ltd. authority for?

An assessment order passed in conformity with a jurisdictional High Court ruling, such as CIT v. Diners Business Services (P.) Ltd., cannot be considered erroneous and thus is not amenable to revision under Section 263 of the Income Tax Act. Entrance fees paid by a member to acquire club rights are capital receipts, not revenue receipts.

40

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Diners Business Services · 263 ITR 1 · revision u/s 263 · erroneous assessment · prejudicial to revenue · capital receipt · entrance fees · club membership

Issues it is cited on

section 56(2)section 2(24)reasoned orderdisallowance u/s 14aliable to taxsection 56section 14asalaryincome from other sourcessection 143personcompany

Judgments citing CIT v. Diners Business Services (P.) Ltd.

APURVA NATVAR PARIKH & CO. PVT LTD,MUMBAI vs. THE PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI-6, MUMBAI

In the result, the appeal of the assessee is\ndismissed

ITA 2646/MUM/2024[2018-19]Status: DisposedITAT Mumbai01 May 2025AY 2018-19
For Appellant: \nShri Madhur Agarwal, ARFor Respondent: \nDr. K.R. Subhash, (CIT-DR)
Section 143(3)Section 14ASection 263

…only where order passed by the Assessing Officer is\nerroneous in so far as it is prejudicial to the interests of the revenue.\nWhere the appellant's case is directly covered by the jurisdictional\nHigh Court in the case of Diners Business Services Pvt. Ltd. [263 ITR 1\n(Bom)] (which was accepted in the originally completed assessments\nfor assessment years 2003-04, 2004-05 and 2005-06), order passed\nby the Assessing Officer in conformity with the said High Court order\ncannot be said to be erroneous and accordingly, not amenable to\nrevision under section 263 of the Act.\n3. The Ld. Principal Commissioner of In…

JCIT (OSD)-8(1)(1), MUMBAI vs. M/S ROYAL WESTERN INDIA TURF CLUB LTD., MUMBAI

In the result, all the captioned appeals of the revenue stands dismissed

ITA 3744/MUM/2019[2015-16]Status: DisposedITAT Mumbai02 Sept 2022AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.3742/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No.3743/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3744/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Jcit (Osd)-8(1)(1) बिधम/ M/S. Royal Western India Room No. 625, 6Th Floor, Turf Club Ltd. Vs. Aayakar Bhawan, Maharshi Mahalaxmi Race Course, Karve Marg, Mumbai- Mahalaxmi, Mumbai- 400020. 400034. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcr8519H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sumit Lalchandani Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeals Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, Mumbai Dated 27.02.2019 For Assessment Year 2013-14, Ay 2014-15 & Ay 2015-16 Respectively. 2. At The Outset, The Ld. Ar Of The Assessee Submits That The Grounds Of Appeal Preferred By The Revenue Are Similar Especially Ground No. 1 & 2 For All The Years (Ay. 2013-14 To Ay. 2015-16) & The Additional Ground Is Only For Appeals Pertaining To Ay 2014-15 & Ay 2015-16 Which Is Related To Disallowance Made U/S 14A Of The

For Appellant: Shri Sumit LalchandaniFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(3)Section 14A

…rance fee from the members was treated as capital in nature and majority of these orders were passed under Section 143(3) of the Income Tax Act, 1961 (the Act). The ITAT also relied upon the judgment of this court in CIT vs. Diners Business Services Pvt. Ltd. 263 ITR 1 (Bom.) and held that any sum paid by a member to acquire the rights of a club is a capital receipt. The ITAT has relied upon various receipts and held that the view of the Assessing Officer to treat the entrance fee as revenue receipt and not capital receipt was incorrect. 4. In our view, the Tribunal has not committed any perversity or applied in…

JCIT (OSD)-8(1)(1), MUMBAI vs. M/S ROYAL WESTERN INDIA TURF CLUB LTD., MUMBAI

In the result, all the captioned appeals of the revenue stands dismissed

ITA 3743/MUM/2019[2014-15]Status: DisposedITAT Mumbai02 Sept 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.3742/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No.3743/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3744/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Jcit (Osd)-8(1)(1) बिधम/ M/S. Royal Western India Room No. 625, 6Th Floor, Turf Club Ltd. Vs. Aayakar Bhawan, Maharshi Mahalaxmi Race Course, Karve Marg, Mumbai- Mahalaxmi, Mumbai- 400020. 400034. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcr8519H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sumit Lalchandani Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeals Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, Mumbai Dated 27.02.2019 For Assessment Year 2013-14, Ay 2014-15 & Ay 2015-16 Respectively. 2. At The Outset, The Ld. Ar Of The Assessee Submits That The Grounds Of Appeal Preferred By The Revenue Are Similar Especially Ground No. 1 & 2 For All The Years (Ay. 2013-14 To Ay. 2015-16) & The Additional Ground Is Only For Appeals Pertaining To Ay 2014-15 & Ay 2015-16 Which Is Related To Disallowance Made U/S 14A Of The

For Appellant: Shri Sumit LalchandaniFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(3)Section 14A

…rance fee from the members was treated as capital in nature and majority of these orders were passed under Section 143(3) of the Income Tax Act, 1961 (the Act). The ITAT also relied upon the judgment of this court in CIT vs. Diners Business Services Pvt. Ltd. 263 ITR 1 (Bom.) and held that any sum paid by a member to acquire the rights of a club is a capital receipt. The ITAT has relied upon various receipts and held that the view of the Assessing Officer to treat the entrance fee as revenue receipt and not capital receipt was incorrect. 4. In our view, the Tribunal has not committed any perversity or applied in…

JCIT (OSD)-8(1)(1), MUMBAI vs. M/S ROYAL WESTERN INDIA TURF CLUB LTD., MUMBAI

In the result, all the captioned appeals of the revenue stands dismissed

ITA 3742/MUM/2019[2013-14]Status: DisposedITAT Mumbai02 Sept 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.3742/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No.3743/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3744/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Jcit (Osd)-8(1)(1) बिधम/ M/S. Royal Western India Room No. 625, 6Th Floor, Turf Club Ltd. Vs. Aayakar Bhawan, Maharshi Mahalaxmi Race Course, Karve Marg, Mumbai- Mahalaxmi, Mumbai- 400020. 400034. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcr8519H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sumit Lalchandani Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeals Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, Mumbai Dated 27.02.2019 For Assessment Year 2013-14, Ay 2014-15 & Ay 2015-16 Respectively. 2. At The Outset, The Ld. Ar Of The Assessee Submits That The Grounds Of Appeal Preferred By The Revenue Are Similar Especially Ground No. 1 & 2 For All The Years (Ay. 2013-14 To Ay. 2015-16) & The Additional Ground Is Only For Appeals Pertaining To Ay 2014-15 & Ay 2015-16 Which Is Related To Disallowance Made U/S 14A Of The

For Appellant: Shri Sumit LalchandaniFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(3)Section 14A

…rance fee from the members was treated as capital in nature and majority of these orders were passed under Section 143(3) of the Income Tax Act, 1961 (the Act). The ITAT also relied upon the judgment of this court in CIT vs. Diners Business Services Pvt. Ltd. 263 ITR 1 (Bom.) and held that any sum paid by a member to acquire the rights of a club is a capital receipt. The ITAT has relied upon various receipts and held that the view of the Assessing Officer to treat the entrance fee as revenue receipt and not capital receipt was incorrect. 4. In our view, the Tribunal has not committed any perversity or applied in…

THE SPORTS CLUB OF GUJARAT LTD.,,AHMEDABAD vs. THE PR. CIT-4, AHMEDABAD

In the result, we are of the view that in light of the discussion above,

ITA 360/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad28 Apr 2022AY 2015-16
For Appellant: Shri S.N. Soparkar, Sr. A.R. &For Respondent: Shri James Kurian, CIT-D.R
Section 143(3)Section 263

…of the assessee, the jurisdictional Ahmedabad ITAT observed as below: “12. The issue is directly covered in favour of the assessee by the aforementioned decision of the hon'ble Bombay High Court in the case of CIT v. Diners Business Services (P.) Ltd. [2003] 263 ITR 1 , as in the said case, the entrance fee was charged by the assessee for enrolment of its customers as members of 'executive centre'. The entrance fee was a one-time fee and only members were eligible to avail of the facilities available in the 'executive centre' and the entrance fee was non-refundable, following the decision in the case of CIT v. W…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 892/PUN/2017[2008-09]Status: DisposedITAT Pune20 Apr 2022AY 2008-09

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 891/PUN/2017[2007-08]Status: DisposedITAT Pune20 Apr 2022AY 2007-08

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 890/PUN/2017[2006-07]Status: DisposedITAT Pune20 Apr 2022AY 2006-07

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 1238/PUN/2017[2012-13]Status: DisposedITAT Pune20 Apr 2022AY 2012-13

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 1237/PUN/2017[2011-12]Status: DisposedITAT Pune20 Apr 2022AY 2011-12

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 1235/PUN/2017[2008-09]Status: DisposedITAT Pune20 Apr 2022AY 2008-09

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 895/PUN/2017[2012-13]Status: DisposedITAT Pune20 Apr 2022AY 2012-13

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 894/PUN/2017[2011-12]Status: DisposedITAT Pune20 Apr 2022AY 2011-12

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 893/PUN/2017[2009-10]Status: DisposedITAT Pune20 Apr 2022AY 2009-10

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 2242/PUN/2017[2014-15]Status: DisposedITAT Pune20 Apr 2022AY 2014-15

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

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 2221/PUN/2017[2014-15]Status: DisposedITAT Pune20 Apr 2022AY 2014-15

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

POONA CLUB LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 4, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 1653/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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 1236/PUN/2017[2009-10]Status: DisposedITAT Pune20 Apr 2022AY 2009-10

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

…tal receipt in the hands of the assessee.” 35. The said decision of the Hon’ble Bombay High Court in the case of W.I.A.A. Club Ltd. (supra) is reiterated again by the Hon’ble Jurisdictional High Court in the case of CIT vs. Diners Business Services (P.) Ltd., 263 ITR 1 (Bom.-HC) wherein it held as follows :- “5. As stated above, the Assessing Officer made an addition of Rs. 4,08,950 to the income of the assessee on account of non-refundable entrance fees received by the assessee. The Commissioner (Appeals) found that the entrance fees were charged by the assessee for enrolment of its customers as members of the "…

ACIT-8 (1) (1), MUMBAI vs. ROYAL WESTERN INDIA TURF CLUB LIMITED, MUMBAI

ITA 5754/MUM/2019[2016-17]Status: DisposedITAT Mumbai24 Jan 2022AY 2016-17

Bench: Shri Rajesh Kumar () & Shri Ravish Sood () Acit-8(1)(1) M/S Royal Western Turf Club Room No. 624, 6Th Floor, Vs. Limited, Mahalaxmi Race Aaykar Bhavan, M.K. Marg, Course, K.K. Marg, Mahalaxmi Mumbai – 400 020 Mumbai – 400 034

For Appellant: Shri Salil Kapoor, A.RFor Respondent: Shri Mahendra Ahuja. Sr. D.R
Section 143(1)Section 143(2)Section 143(3)

…is in the nature of lifetime membership fees, hence it cannot be treated as annual subscription as the same is collected once in lifetime, therefore, it is a capital receipt. The Hon'ble jurisdictional High Court in CIT vs. Diners Business Services Pvt. Ltd. 263 ITR 1 (Bom.) held that any sum paid by a member to acquire the rights of a club is a capital receipt. We further note that for Assessment Year 2003-04, while framing the assessment u/s 143(3) of the Act and also for Assessment Year 2001-02, identically the claim of the assessee was allowed. No contrary material was brought to our notice. It is also noted…

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