JCIT (OSD) Circle- 16(2), New Delhi vs. Mayar Health Resorts Pvt. Ltd., New Delhi
In the result, the appeals of the assessee are partly allowed and the appeal of the Revenue is partly allowed
ITA 3548/DEL/2018[2011-12]Status: DisposedITAT Delhi29 Jul 2024AY 2011-12
Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar
For Appellant: Sh. Raghav Sharma, CA &For Respondent: Sh. Anshul, Sr. DR
Section 143(3)Section 145(2)Section 145(3)Section 209Section 35D(2)(c)
…e to the membership amount are completely provided to the customers, the same cannot be ITA No. 3548/Del/2018 Mayar Health Resorts Pvt. Ltd. treated as income. The ld. AR relied on the judgments of Hon’ble Delhi High Court in the case of CIT Vs. Dinesh Goyal (331 ITR 16), the Special bench of ITAT in ACIT Vs. Mahindra Resort (131 TTJ 1). Further, the ld. AR submitted that the Revenue itself in the subsequent year i.e. A.Y. 2012-13 and A.Y. 2013-14 has accepted the accounting of membership fee from the assessee. Therefore, the settled position accepted by the Revenue itself cannot be disturbed. The ld. AR also sub…