Director of Income Tax (Exemptions) v. All India Oriental Bank of Commerce Welfare Society

184 CTR 274High Court#6887 most cited

What is Director of Income Tax (Exemptions) v. All India Oriental Bank of Commerce Welfare Society authority for?

Interest income earned by a society from surplus funds deposited in banks is exempt if the principle of mutuality applies. However, rental income from non-members is taxable.

16

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2021.

Also referred to as

Director of Income Tax v. All India Oriental Bank of Commerce Welfare Society · interest income exemption · principle of mutuality · rental income non-members · taxable income · welfare society

Judgments citing Director of Income Tax (Exemptions) v. All India Oriental Bank of Commerce Welfare Society

Armed Forces Co-Operative Housing Society Limited, Secunderabad vs. Asst. Commissioner of Income Tax, Circle-15(1), Hyderabad

Appeals are dismissed”

ITA 648/HYD/2018[2014-15]Status: DisposedITAT Hyderabad01 Feb 2021AY 2014-15

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri B.Prabhakar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)

…e non-application of the said decision on the facts of the case, and instead relied on the decisions of Delhi High Court in the case of Telangana Co-op Group Housing Society 37 ITCL 119 (2011) and DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (2013). In this regard, it is relevant to refer to the fact that on the said issue of principle of mutuality in the case of CIT Vs. Secunderabad Club, the Hon'ble High Court of Andhra Pradesh distinguished the decisions of Delhi High Court in the case of Delhi Gymkhana Club (339 ITR 525) and concurred with the decision of Karnataka High Court in…

The Armed Forces Officers Co-Operative Housing Society Limiyrf, Secunderabad vs. Asst. Commissioner of Income Tax, Circle-15(1), Hyderabad

Appeals are dismissed”

ITA 1017/HYD/2017[2013-14]Status: DisposedITAT Hyderabad01 Feb 2021AY 2013-14

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri B.Prabhakar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)

…e non-application of the said decision on the facts of the case, and instead relied on the decisions of Delhi High Court in the case of Telangana Co-op Group Housing Society 37 ITCL 119 (2011) and DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (2013). In this regard, it is relevant to refer to the fact that on the said issue of principle of mutuality in the case of CIT Vs. Secunderabad Club, the Hon'ble High Court of Andhra Pradesh distinguished the decisions of Delhi High Court in the case of Delhi Gymkhana Club (339 ITR 525) and concurred with the decision of Karnataka High Court in…

Armed Forces Co-Operative Housing Society Ltd., Secunderabad vs. Income Tax Officer, Ward-10(3)., Hyderabad

Appeals are dismissed”

ITA 1016/HYD/2017[2012-13]Status: DisposedITAT Hyderabad01 Feb 2021AY 2012-13

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri B.Prabhakar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)

…e non-application of the said decision on the facts of the case, and instead relied on the decisions of Delhi High Court in the case of Telangana Co-op Group Housing Society 37 ITCL 119 (2011) and DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (2013). In this regard, it is relevant to refer to the fact that on the said issue of principle of mutuality in the case of CIT Vs. Secunderabad Club, the Hon'ble High Court of Andhra Pradesh distinguished the decisions of Delhi High Court in the case of Delhi Gymkhana Club (339 ITR 525) and concurred with the decision of Karnataka High Court in…

The Armed Forces Officers Co-Operative Housing Society Limited, Secunderabad vs. Income Tax Officer, Ward-10(3), Hyderabad

Appeals are dismissed”

ITA 1015/HYD/2017[2011-12]Status: DisposedITAT Hyderabad01 Feb 2021AY 2011-12

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri B.Prabhakar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)

…e non-application of the said decision on the facts of the case, and instead relied on the decisions of Delhi High Court in the case of Telangana Co-op Group Housing Society 37 ITCL 119 (2011) and DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (2013). In this regard, it is relevant to refer to the fact that on the said issue of principle of mutuality in the case of CIT Vs. Secunderabad Club, the Hon'ble High Court of Andhra Pradesh distinguished the decisions of Delhi High Court in the case of Delhi Gymkhana Club (339 ITR 525) and concurred with the decision of Karnataka High Court in…

The Armed Forces Officers Co-Operative Housing Society Limited, Secunderabad vs. Income Tax Officer, Ward-10(3), Hyderabad

Appeals are dismissed”

ITA 1014/HYD/2017[2010-11]Status: DisposedITAT Hyderabad01 Feb 2021AY 2010-11

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri B.Prabhakar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)

…e non-application of the said decision on the facts of the case, and instead relied on the decisions of Delhi High Court in the case of Telangana Co-op Group Housing Society 37 ITCL 119 (2011) and DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (2013). In this regard, it is relevant to refer to the fact that on the said issue of principle of mutuality in the case of CIT Vs. Secunderabad Club, the Hon'ble High Court of Andhra Pradesh distinguished the decisions of Delhi High Court in the case of Delhi Gymkhana Club (339 ITR 525) and concurred with the decision of Karnataka High Court in…

The Armed Forces Officers Co-Operative Housing Society Limited, Secunderabad vs. Income Tax Officer, Ward-10(3), Hyderabad

Appeals are dismissed”

ITA 1013/HYD/2017[2009-10]Status: DisposedITAT Hyderabad01 Feb 2021AY 2009-10

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri B.Prabhakar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)

…e non-application of the said decision on the facts of the case, and instead relied on the decisions of Delhi High Court in the case of Telangana Co-op Group Housing Society 37 ITCL 119 (2011) and DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (2013). In this regard, it is relevant to refer to the fact that on the said issue of principle of mutuality in the case of CIT Vs. Secunderabad Club, the Hon'ble High Court of Andhra Pradesh distinguished the decisions of Delhi High Court in the case of Delhi Gymkhana Club (339 ITR 525) and concurred with the decision of Karnataka High Court in…

M/S. Sobha Magnolia Condominium Owners Association, Bengaluru vs. Income Tax Officer, Ward 4(3)(1), Bengaluru

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

ITA 1934/BANG/2018[2013-14]Status: DisposedITAT Bangalore16 May 2019AY 2013-14

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year :2013-14 M/S. Sobha Magnolia Condominium Owners Association, The Income Tax Officer, No. 16, Bannerghatta Road, Vs. Ward – 4 (3) (1), 1St Main, Gurrappanapalya, Bangalore. Bangalore – 560 076. Pan: Aagas0682P Appellant Respondent Appellant By : Shri C. Prashanth, Ca Respondent By : Shri R.N. Siddappaji, Addl. Cit (Dr) Date Of Hearing : 02.05.2019 Date Of Pronouncement : 16.05.2019

For Appellant: Shri C. Prashanth, CAFor Respondent: Shri R.N. Siddappaji, Addl. CIT (DR)
Section 143Section 250

…TTJ 184 and in particular, our attention was drawn to Para no. 7 of this Tribunal order. Reliance was also placed on the judgment of Hon’ble Delhi High Court rendered in the case of DIT(E) Vs. All India Oriental Bank of Commerce Welfare Society as reported in 184 CTR 274. The ld. DR of revenue supported the orders of authorities below. 6. We have considered the rival submissions. We have already reproduced Para no. 6.3 from the order of CIT (A). We find that ld. CIT(A) has followed Page 4 of 6 the judgment of Hon’ble Madras High Court rendered in the case of Madras Cricket Club as reported in (2011) 334 ITR 238…

Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. CIT(A)- 1, Noida

In the result appeal of the assessee is allowed

ITA 3783/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Nov 2018AY 2014-15

Bench: Shri Amit Shukla

For Appellant: Shri G.C. Srivastava, AdvocateFor Respondent: Shri C.P. Singh, Sr.DR
Section 11Section 12ASection 143(3)Section 271(1)(c)

…ed on these facts only, the Tribunal in the assessment year 2004-05 has accepted the claim of the assessee on identical additions. He also relied upon the judgment of Hon’ble Delhi High Court in the case of All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (Del). He further argued that here in this case the conditions for applicability of the principle of mutuality will also extend to the income earned by the society in the form of interest on the funds received from its members which has been deposited in the bank in the form of FDRs and the interest accrued thereon has been applied for the mainte…

Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. CIT(A)- 1, Noida

In the result appeal of the assessee is allowed

ITA 3782/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Nov 2018AY 2013-14

Bench: Shri Amit Shukla

For Appellant: Shri G.C. Srivastava, AdvocateFor Respondent: Shri C.P. Singh, Sr.DR
Section 11Section 12ASection 143(3)Section 271(1)(c)

…ed on these facts only, the Tribunal in the assessment year 2004-05 has accepted the claim of the assessee on identical additions. He also relied upon the judgment of Hon’ble Delhi High Court in the case of All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (Del). He further argued that here in this case the conditions for applicability of the principle of mutuality will also extend to the income earned by the society in the form of interest on the funds received from its members which has been deposited in the bank in the form of FDRs and the interest accrued thereon has been applied for the mainte…

Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. CIT(A)- 1, Noida

In the result appeal of the assessee is allowed

ITA 3781/DEL/2018[2012-13]Status: DisposedITAT Delhi28 Nov 2018AY 2012-13

Bench: Shri Amit Shukla

For Appellant: Shri G.C. Srivastava, AdvocateFor Respondent: Shri C.P. Singh, Sr.DR
Section 11Section 12ASection 143(3)Section 271(1)(c)

…ed on these facts only, the Tribunal in the assessment year 2004-05 has accepted the claim of the assessee on identical additions. He also relied upon the judgment of Hon’ble Delhi High Court in the case of All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (Del). He further argued that here in this case the conditions for applicability of the principle of mutuality will also extend to the income earned by the society in the form of interest on the funds received from its members which has been deposited in the bank in the form of FDRs and the interest accrued thereon has been applied for the mainte…

Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. ITO, Exemption Ward, Ghaziabad

In the result appeal of the assessee is allowed

ITA 2010/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Nov 2018AY 2014-15

Bench: Shri Amit Shukla

For Appellant: Shri G.C. Srivastava, AdvocateFor Respondent: Shri C.P. Singh, Sr.DR
Section 11Section 12ASection 143(3)Section 271(1)(c)

…ed on these facts only, the Tribunal in the assessment year 2004-05 has accepted the claim of the assessee on identical additions. He also relied upon the judgment of Hon’ble Delhi High Court in the case of All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (Del). He further argued that here in this case the conditions for applicability of the principle of mutuality will also extend to the income earned by the society in the form of interest on the funds received from its members which has been deposited in the bank in the form of FDRs and the interest accrued thereon has been applied for the mainte…

Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. ITO, Exemption Ward, Ghaziabad

In the result appeal of the assessee is allowed

ITA 2009/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Nov 2018AY 2013-14

Bench: Shri Amit Shukla

For Appellant: Shri G.C. Srivastava, AdvocateFor Respondent: Shri C.P. Singh, Sr.DR
Section 11Section 12ASection 143(3)Section 271(1)(c)

…ed on these facts only, the Tribunal in the assessment year 2004-05 has accepted the claim of the assessee on identical additions. He also relied upon the judgment of Hon’ble Delhi High Court in the case of All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (Del). He further argued that here in this case the conditions for applicability of the principle of mutuality will also extend to the income earned by the society in the form of interest on the funds received from its members which has been deposited in the bank in the form of FDRs and the interest accrued thereon has been applied for the mainte…

Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. ITO, Exemption Ward, Ghaziabad

In the result appeal of the assessee is allowed

ITA 2008/DEL/2018[2012-13]Status: DisposedITAT Delhi28 Nov 2018AY 2012-13

Bench: Shri Amit Shukla

For Appellant: Shri G.C. Srivastava, AdvocateFor Respondent: Shri C.P. Singh, Sr.DR
Section 11Section 12ASection 143(3)Section 271(1)(c)

…ed on these facts only, the Tribunal in the assessment year 2004-05 has accepted the claim of the assessee on identical additions. He also relied upon the judgment of Hon’ble Delhi High Court in the case of All India Oriental Bank of Commerce Welfare Society 184 CTR 274 (Del). He further argued that here in this case the conditions for applicability of the principle of mutuality will also extend to the income earned by the society in the form of interest on the funds received from its members which has been deposited in the bank in the form of FDRs and the interest accrued thereon has been applied for the mainte…

M/S. Swarn Jayanti Rail Nagar Flat Owners Association, Noida vs. JCIT, Noida

In the result the appeal of the assesee is allowed

ITA 6361/DEL/2015[2010-11]Status: DisposedITAT Delhi13 Oct 2016AY 2010-11

Bench: Shri H.S. Sidhu

For Appellant: Sh. Arun Kundra, AdvFor Respondent: Sh. F.R. Meena, Sr. DR
Section 11Section 12ASection 143(1)Section 143(2)Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC-3”, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER I.T.A.No.6361/Del/2015 A.Y. 2010-11 SWARN JAYANTI RAIL NAGAR FLAT JCIT, OWNERS ASSOCIATION VS. RANGE-1, A-1, SECTOR-50, AAYAKAR BHAWAN, NOIDA-201 307 A-2D, SECTOR-24, (PAN: AAMAS7936C) NOIDA (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) Assessee by : Sh. Arun Kundra, Adv. Department by : Sh. F.R. Meena, Sr. DR ORDER ORDER ORDER ORDER This appeal by the Assessee is directed against the Order dated 24.11.2015 of the Ld. CIT(A)-I, New Delhi pertaining to…

COMMISSIONER OF INCOME TAX, Delhi-XI, New Delhi vs. Standing Conference of Public Enterprises (Scope)

Appeal is dismissed with costs

ITA-1409/2008HC Delhi25 Sept 2009

…ctivity.” 11. Applying the aforesaid principle, the Tribunal held that interst income from surplus funds would be exempted, as held by this Court in the case of Director of Income Tax (Exemptions) v. All India Oriental Bank of Commerce Welfare Society, 184 CTR 274. However, it also held that the rental income received from non-members for use of convention centre and from M/s. Lacisine Pvt. Ltd. to whom the premises were let out for providing catering services was not to be 2009:DHC:4105-DB exempted, as rental income from non-members was taxable. It is because of this reason the appeal was part…

Commissioner of Income Tax Delhi XI vs. Standing Conference of Public Enterprises (Scope)

Appeal is dismissed with costs

ITA - 1409 / 2008HC Delhi25 Sept 2009

…ctivity.” 11. Applying the aforesaid principle, the Tribunal held that interst income from surplus funds would be exempted, as held by this Court in the case of Director of Income Tax (Exemptions) v. All India Oriental Bank of Commerce Welfare Society, 184 CTR 274. However, it also held that the rental income received from non-members for use of convention centre and from M/s. Lacisine Pvt. Ltd. to whom the premises were let out for providing catering services was not to be 2009:DHC:4105-DB exempted, as rental income from non-members was taxable. It is because of this reason the appeal was part…