Sind Co-operative Housing Society v. ITO

317 ITR 47High Court2009#3735 most cited

What is Sind Co-operative Housing Society v. ITO authority for?

The doctrine of mutuality applies to co-operative societies, preventing income derived from members from being taxed as income from other sources. The court affirmed that the principle of mutuality, as accepted by the jurisdictional High Court, should be followed.

32

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

Sind Co-operative Housing Society v. ITO · 317 ITR 47 · doctrine of mutuality · Income from Other Sources · section 80P · section 57 · section 80P(2)(c) · section 80P(2)(d)

Sections most often in play

Section 1961Section 57 of the Income Tax ActSection 143(1)Section 80PSection 143(3)Section 154Section 80P(2)(c)Section 80P(2)(d)

Issues it is cited on

doctrine of mutualitysection 80p(2)(c)section 72section 57section 80p(2)(d)section 80p(2)double taxationsection 80pincome from other sourcessection 143(1)section 80transfer

Judgments citing Sind Co-operative Housing Society v. ITO

CCI CHAMBERS CO-OP HSG SOC. LTD,MUMBAI vs. INCOME TAX OFFICER-17(2)(1), MUMBAI

In the result, both the appeal

ITA 3543/MUM/2025[2015-16]Status: DisposedITAT Mumbai30 Jul 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Pravin Salunkhe, Sr. DRFor Respondent: Mr. Prakash Jotwani

…principles of mutuality lity lity which which which has has has been been been duly duly duly accepted accepted accepted by by by the the the jurisdictional High Court in the case of : jurisdictional High Court in the case of :- i. Sind Co-op. Hag. Soc. Ltd. 317 ITR 47 (Bom HC) op. Hag. Soc. Ltd. 317 ITR 47 (Bom HC) ii. Mittal Court Premises Co ii. Mittal Court Premises Co-op. Soc. Ltd. (Bom HC) 320 ITR op. Soc. Ltd. (Bom HC) 320 ITR 414 and consequently erred in assessing the sum as 'Income and consequently erred in assessing the sum as 'Income and consequently erred in assessing the sum as 'Income from Other…

CCI CHAMBERS CO-OP HSG SOC. LTD,MUMBAI vs. ITO 17(2)(1), MUMBAI

In the result, both the appeal

ITA 3542/MUM/2025[2013-14]Status: DisposedITAT Mumbai30 Jul 2025AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Pravin Salunkhe, Sr. DRFor Respondent: Mr. Prakash Jotwani

…principles of mutuality lity lity which which which has has has been been been duly duly duly accepted accepted accepted by by by the the the jurisdictional High Court in the case of : jurisdictional High Court in the case of :- i. Sind Co-op. Hag. Soc. Ltd. 317 ITR 47 (Bom HC) op. Hag. Soc. Ltd. 317 ITR 47 (Bom HC) ii. Mittal Court Premises Co ii. Mittal Court Premises Co-op. Soc. Ltd. (Bom HC) 320 ITR op. Soc. Ltd. (Bom HC) 320 ITR 414 and consequently erred in assessing the sum as 'Income and consequently erred in assessing the sum as 'Income and consequently erred in assessing the sum as 'Income from Other…

THE SUVARNA NAGAR CO OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. ITO, WARD, 34(3), MUMBAI

In the result, the appeal by the assessee is allowed

ITA 11/MUM/2025[2019-20]Status: DisposedITAT Mumbai14 Feb 2025AY 2019-20

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalassessment Year : 2019-20

For Appellant: Ms. Parvathy Ganesh, CAFor Respondent: Shri Pravin Salunkhe, Sr. DR
Section 143(1)Section 250Section 80PSection 80P(2)(c)Section 80P(2)(d)

…Act to the assessee in respect of the interest income earned from deposits made with the Co-operative Banks. 9. Further, we find that the decision of the Hon’ble Jurisdictional High Court in Sind Co-op. Hsg. Society v/s Income-tax Officer, reported in [2009] 317 ITR 47 (Bom.), relied upon in the impugned order for denying the deduction under section 80P(2)(c) of the Act, is also not applicable to the facts of the present case as the issue before the Hon’ble Court was whether any part of transfer fees received by the assessee societies - whether from outgoing or incoming members - is not liable to tax on the grou…

THE IMPERIAL CONDOMINIUM ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE 19(3), MUMBAI

In the result, the appeal of the assessee for AYs 2014-15 to 2017-18 are allowed

ITA 4983/MUM/2024[2017-18]Status: DisposedITAT Mumbai12 Nov 2024AY 2017-18

Bench: Shri Sandeep Gosain, Jm & Ms Padmavathy S, Am

For Appellant: Shri. Vijay Mehta, ARFor Respondent: Shri Krishna Kumar, Sr.DR
Section 57

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JM & MS PADMAVATHY S, AM I.T.A. No.4979/Mum/2024 (Assessment Year: 2014-15) I.T.A. No.4980/Mum/2024 (Assessment Year: 2015-16) I.T.A. No.4982/Mum/2024 (Assessment Year: 2016-17) I.T.A. No.4983/Mum/2024 (Assessment Year: 2017-18) The Imperial Condominium ACIT, Circle-19(3), Room No. 206, 2nd Floor, Level 2, FM Office The Imperial Tower, B B Nakashe Marg, Vs. Matru Mandir, Grand Road, Tardeo, Mumbai-400034. Mumbai (Maharashtra-400007. PAN : AADAT4393D Appellant) : Respondent) Appellant /Assessee by : Shri. Vijay Mehta, AR Revenue /…

THE IMPERIAL CONDOMINIUM ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result, the appeal of the assessee for AYs 2014-15 to 2017-18 are allowed

ITA 4982/MUM/2024[2016-17]Status: DisposedITAT Mumbai12 Nov 2024AY 2016-17

Bench: Shri Sandeep Gosain, Jm & Ms Padmavathy S, Am

For Appellant: Shri. Vijay Mehta, ARFor Respondent: Shri Krishna Kumar, Sr.DR
Section 57

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JM & MS PADMAVATHY S, AM I.T.A. No.4979/Mum/2024 (Assessment Year: 2014-15) I.T.A. No.4980/Mum/2024 (Assessment Year: 2015-16) I.T.A. No.4982/Mum/2024 (Assessment Year: 2016-17) I.T.A. No.4983/Mum/2024 (Assessment Year: 2017-18) The Imperial Condominium ACIT, Circle-19(3), Room No. 206, 2nd Floor, Level 2, FM Office The Imperial Tower, B B Nakashe Marg, Vs. Matru Mandir, Grand Road, Tardeo, Mumbai-400034. Mumbai (Maharashtra-400007. PAN : AADAT4393D Appellant) : Respondent) Appellant /Assessee by : Shri. Vijay Mehta, AR Revenue /…

THE IMPERIAL CONDOMINIUM ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -19(3), MUMBAI

In the result, the appeal of the assessee for AYs 2014-15 to 2017-18 are allowed

ITA 4980/MUM/2024[2015-16]Status: DisposedITAT Mumbai12 Nov 2024AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Ms Padmavathy S, Am

For Appellant: Shri. Vijay Mehta, ARFor Respondent: Shri Krishna Kumar, Sr.DR
Section 57

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JM & MS PADMAVATHY S, AM I.T.A. No.4979/Mum/2024 (Assessment Year: 2014-15) I.T.A. No.4980/Mum/2024 (Assessment Year: 2015-16) I.T.A. No.4982/Mum/2024 (Assessment Year: 2016-17) I.T.A. No.4983/Mum/2024 (Assessment Year: 2017-18) The Imperial Condominium ACIT, Circle-19(3), Room No. 206, 2nd Floor, Level 2, FM Office The Imperial Tower, B B Nakashe Marg, Vs. Matru Mandir, Grand Road, Tardeo, Mumbai-400034. Mumbai (Maharashtra-400007. PAN : AADAT4393D Appellant) : Respondent) Appellant /Assessee by : Shri. Vijay Mehta, AR Revenue /…

THE IMPERIAL CONDOMINIUM ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE 19(3), MUMBAI

In the result, the appeal of the assessee for AYs 2014-15 to 2017-18 are allowed

ITA 4979/MUM/2024[2014-15]Status: DisposedITAT Mumbai12 Nov 2024AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Ms Padmavathy S, Am

For Appellant: Shri. Vijay Mehta, ARFor Respondent: Shri Krishna Kumar, Sr.DR
Section 57

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JM & MS PADMAVATHY S, AM I.T.A. No.4979/Mum/2024 (Assessment Year: 2014-15) I.T.A. No.4980/Mum/2024 (Assessment Year: 2015-16) I.T.A. No.4982/Mum/2024 (Assessment Year: 2016-17) I.T.A. No.4983/Mum/2024 (Assessment Year: 2017-18) The Imperial Condominium ACIT, Circle-19(3), Room No. 206, 2nd Floor, Level 2, FM Office The Imperial Tower, B B Nakashe Marg, Vs. Matru Mandir, Grand Road, Tardeo, Mumbai-400034. Mumbai (Maharashtra-400007. PAN : AADAT4393D Appellant) : Respondent) Appellant /Assessee by : Shri. Vijay Mehta, AR Revenue /…

DEV CASTE KTOY OWNERS ASSOCIATION,AHMEDABAD vs. THE ITO, WARD-3(2)(6), AHMEDABAD

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

ITA 200/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad23 Dec 2022AY 2017-18

Bench: Ms. Suchitra Kamble

For Appellant: Shri Sanjay R Shah, A.RFor Respondent: Shri M. Anand Kumar, Sr. D.R
Section 57Section 80PSection 80P(2)(c)

…urt in case of Canara Bank Golden Jubilee Staff Welfare Fund vs. DCIT 308 ITR 202, decision of Hon’ble Delhi High Court in case of CIT vs. Delhi Gymkhana Club Ltd. 339 ITR 525, decision of Hon’ble Bombay High Court in case of Sind Co- op. Hsg. Society vs. ITO 317 ITR 47, decision of Hon’ble Delhi High Court in case of CIT vs. Talangang Co-op. Housing Society Ltd. 339 ITR 518. Dev Castle Ktoy Owners Association vs. ITO Asst.Year–2017-18 The Ld. A.R. also relied upon the decision of Ahmedabad Tribunal in case of Manekbaug Co-op. Housing Society Ltd. (ITA No. 2133/Ahd/2006 order dated 05.03.2010). 6. The Ld. D.R. r…

LAXMI FINANCE & LEASING COMPANIES COMMERCIAL PREMISES COOPERATIVE SOCIETY LTD,MUMBAI vs. ASST CIT 14(1), MUMBAI

In the result, both the appeals filed by the assessee are partly allowed

ITA 4521/MUM/2015[2011-12]Status: DisposedITAT Mumbai28 Jan 2022AY 2011-12

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadalem/S. Laxmi Finance & Vs. Acit – 14(1) Leasing Companies, Earnest House, Commercial Premiss Nariman Point, Co-Op Society Ltd., Mumbai – 400 021. Laxmi Towers, Plot No. C-25, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. Pan/Gir No. : Aaajl0006F Appellant .. Respondent M/S. Laxmi Finance & Vs. Acit – 18(2) Leasing Companies, Earnest House, Commercial Premiss Nariman Point, Co-Op Socitey Ltd., Mumbai – 400 021. Laxmi Towers, Plot No. C-25, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. Pan/Gir No. : Aaajl0006F Appellant .. Respondent

For Appellant: Shri. P.J. Pardiwalla, Sr. AdvFor Respondent: Shri. Mehul Jain, DR
Section 143(1)Section 143(2)Section 143(3)Section 234B

…e filed a rejoinder to the remand report vide letter dated 03/03/2014 before the ld. CIT(A) stating that the concept of mutuality as stated in the case of M/s. Sind Co- Hon‟ble operative Housing Pvt. Ltd., vs. ITO by the Jurisidictional High Court reported in 317 ITR 47 and the decision of the Hon‟ble Supreme Court in the case of Bangalore club vs. CIT reported in 350 ITR 509 had laid down four questions to be answered:- i) Is there any commerciality involved? ii) From the moneys received are the services offered in nature of profit sharing or privileges or advantages and conveniences? iii) Are the participant…

ASST CIT 18(2), MUMBAI vs. LAXMI FINANCE & LEASING COMPANIES COMMERICAL PREMISES CO OP SOC. LTD, MUMBAI

In the result, all the appeals of the assessee are partly allowed and all the appeals of the Revenue are dismissed

ITA 4708/MUM/2015[2011-12]Status: DisposedITAT Mumbai07 Sept 2021AY 2011-12
Section 143(3)Section 143(3)(ii)

…ee filed a rejoinder to the remand report vide letter dated 03/03/2014 before the ld. CIT(A) stating that the concept of mutuality as stated in the case of M/s. Sind Co-operative Housing Pvt. Ltd., vs. ITO by the Hon‟ble Jurisidictional High Court reported in 317 ITR 47 and the decision of the Hon‟ble Supreme Court in the case of Bangalore club vs. CIT reported in 350 ITR 509 had laid down four questions to be answered:- i) Is there any commerciality involved? ii) From the moneys received are the services offered in nature of profit sharing or privileges or advantages and conveniences? iii) Are the participants a…

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)

…sferee who would be participating in the profits, but not in the payment. As such, identity between the contributor and participant is lost. 2.1 Ld. CIT(A) following the judgment of Hon’ble High Court in the case of Sind Co-operative Housing Society Vs. ITO [317 ITR 47] (Bom HC) and ITD decision in the case of ITO Vs. Damodar Bhuvan CHS Ltd., [45 (11) ITCL 255] held that transfer fee paid would be exempt from tax on the ‘Principle of mutuality’. Revenue was aggrieved and is contesting that the ‘Principles of mutuality’ does not apply to the transfer fee received. 2.2 After considering the rival submissions and…

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)

…sferee who would be participating in the profits, but not in the payment. As such, identity between the contributor and participant is lost. 2.1 Ld. CIT(A) following the judgment of Hon’ble High Court in the case of Sind Co-operative Housing Society Vs. ITO [317 ITR 47] (Bom HC) and ITD decision in the case of ITO Vs. Damodar Bhuvan CHS Ltd., [45 (11) ITCL 255] held that transfer fee paid would be exempt from tax on the ‘Principle of mutuality’. Revenue was aggrieved and is contesting that the ‘Principles of mutuality’ does not apply to the transfer fee received. 2.2 After considering the rival submissions and…

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)

…sferee who would be participating in the profits, but not in the payment. As such, identity between the contributor and participant is lost. 2.1 Ld. CIT(A) following the judgment of Hon’ble High Court in the case of Sind Co-operative Housing Society Vs. ITO [317 ITR 47] (Bom HC) and ITD decision in the case of ITO Vs. Damodar Bhuvan CHS Ltd., [45 (11) ITCL 255] held that transfer fee paid would be exempt from tax on the ‘Principle of mutuality’. Revenue was aggrieved and is contesting that the ‘Principles of mutuality’ does not apply to the transfer fee received. 2.2 After considering the rival submissions and…

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)

…sferee who would be participating in the profits, but not in the payment. As such, identity between the contributor and participant is lost. 2.1 Ld. CIT(A) following the judgment of Hon’ble High Court in the case of Sind Co-operative Housing Society Vs. ITO [317 ITR 47] (Bom HC) and ITD decision in the case of ITO Vs. Damodar Bhuvan CHS Ltd., [45 (11) ITCL 255] held that transfer fee paid would be exempt from tax on the ‘Principle of mutuality’. Revenue was aggrieved and is contesting that the ‘Principles of mutuality’ does not apply to the transfer fee received. 2.2 After considering the rival submissions and…

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)

…sferee who would be participating in the profits, but not in the payment. As such, identity between the contributor and participant is lost. 2.1 Ld. CIT(A) following the judgment of Hon’ble High Court in the case of Sind Co-operative Housing Society Vs. ITO [317 ITR 47] (Bom HC) and ITD decision in the case of ITO Vs. Damodar Bhuvan CHS Ltd., [45 (11) ITCL 255] held that transfer fee paid would be exempt from tax on the ‘Principle of mutuality’. Revenue was aggrieved and is contesting that the ‘Principles of mutuality’ does not apply to the transfer fee received. 2.2 After considering the rival submissions and…

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)

…sferee who would be participating in the profits, but not in the payment. As such, identity between the contributor and participant is lost. 2.1 Ld. CIT(A) following the judgment of Hon’ble High Court in the case of Sind Co-operative Housing Society Vs. ITO [317 ITR 47] (Bom HC) and ITD decision in the case of ITO Vs. Damodar Bhuvan CHS Ltd., [45 (11) ITCL 255] held that transfer fee paid would be exempt from tax on the ‘Principle of mutuality’. Revenue was aggrieved and is contesting that the ‘Principles of mutuality’ does not apply to the transfer fee received. 2.2 After considering the rival submissions and…

ITO 25(3)(2), MUMBAI vs. PRESIDENCY CHS, MUMBAI

In the result, appeal is allowed

ITA 6076/MUM/2017[2007-08]Status: DisposedITAT Mumbai05 Dec 2017AY 2007-08

Bench: Shri R.C. Sharmaassessment Year: 2007-08 Income Tax Officer-25(3)(5), M/S. The Presidency Co-Op Room No.609, C-10, 6Th Floor, Hsg. Soc. Ltd., Plot No.A/B, 2Nd Floor, Pratyakshakar Bhavan, Bandra Kurla Complex, Vishnu Prasad Desai Bhavan, Vs. Bandra (East), V.L. Marg, Mumbai-400 051 J.V.P.D. Scheme, Vile Parle (W) Mumbai – 400 056 Pan: Aaaat4479M (Appellant) (Respondent) Assessee By : Shri Shalin S. Divatia, A.R. Revenue By : Shri Ram Tiwari, D.R. Date Of Hearing : 23.11.2017 Date Of Pronouncement : 05.12.2017 O R D E R Per R.C. Sharma: This Is An Appeal Filed By The Revenue Against The Order Of Cit(A) For The Assessment Year 2007-08. 2. The Grievance Of Revenue Relates To Deleting Addition Of Rs.7,64,271/- Made By Ao On Account Of Transfer Fees & Addition Made On Account Of Premium Received By Assessee From Its Members On Utilization Of Transfer Of Development Rights.

For Appellant: Shri Shalin S. Divatia, A.RFor Respondent: Shri Ram Tiwari, D.R

…s as a class should contribute to the common fund and participators as a class must be able to participate in the surplus. 5.6 The Hon'ble Bombay High Court in the case of Sindh Co-operative Housing 4 M/s. The Presidency Co-op Hsg. Soc. Ltd. Society vs. ITO 317 ITR 47 (Born) is held that the class of members are clearly identifiable. Members are ordinary members or associate members. The participants and contributors are the members. The members may come in or go out. The fact that only some members from those who contributed may participate in the surplus, as held by the Supreme Court, is irrelevant as long as…

ITO 18(1)(2), MUMBAI vs. LOYAL CO OPERATIVE HOUSING SOCIETY LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

ITA 5413/MUM/2014[2010-11]Status: DisposedITAT Mumbai05 May 2017AY 2010-11

Bench: Shri R.C. Sharma, Am & Shri Ravish Sood, Jm आयकर अपीऱ सुं./I.T.A. No.5413/M/2014 (नििाारण वर्ा / Assessment Year: 2010-2011) फनाभ/ Ito – 18(1)(2), M/S. Loyal Cooperative R.No. 104, 1St Floor, Piramal Housing Society Ltd., Vs. Chamber, Parel, Mumbai- Eden Hall, Dr Annie Besant 400012. Road, Rajni Patel Chowk, Worli, Mumbai – 400 018. स्थामी रेखा सं./ Pan : Aaaat5649M (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent)

For Appellant: Shri Saurabh Kumar, Sr ARFor Respondent: Shri Gopal Bohra
Section 143(3)

…of the authority given by the General Body and were according to Bye-laws of the society. iv) The contribution had not been received from incoming member on the condition of providing membership. i) In the case of Sind Co-op. Housing Society vs. ITO (2009) 317 ITR 47 (Bom.), it was held that "If an amount is received more than what is chargeable under the bye-laws or Government directions, the society is bound to repay the same and if it retains the amount, it will be in the nature of profit making and that specific amount will be exigible to tax". In the case of Mittal Court Premises Co-op. Society Ltd. vs. I…

THE NAVYUG CO OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. ITO 21(1(3), MUMBAI

In the result, appeal of the assessee is allowed, as above

ITA 4801/MUM/2014[2010-11]Status: DisposedITAT Mumbai26 Apr 2017AY 2010-11

Bench: Shri G.S. Pannu & Shri Pawan Singh: (A.Y : 2010-11)

For Appellant: Parvathy GaneshFor Respondent: Suman Kumar (DR)
Section 143(3)Section 80P(2)(c)

…assessee with respect to an amount of Rs.47,65,000/- representing Transfer fee from incoming members. Before the Assessing Officer, assessee had, inter-alia, relied upon the judgment of the Hon'ble Bombay High Court in the case of Sind Co-op Housing Society, 317 ITR 47 (Bom) and claimed that the impugned sum was exempt on the principles of mutuality. Apart from the judgment of the Hon'ble Bombay High Court, assessee had also relied upon the decision of the Mumbai Bench of the Tribunal in the case of Nutan Laxmi Co-operative Housing Society Ltd. in ITA No. 7203 & 7204/Mum/2013 dated 24.8.2016. The Assessing Offic…

THE NUTAN LAXMI CHS LTD,MUMBAI vs. ITO WD 21(1)(3), MUMBAI

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

ITA 7204/MUM/2013[2010-11]Status: DisposedITAT Mumbai24 Aug 2016AY 2010-11

Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar.

For Appellant: Smt. Aarti Vissanji, & ShriFor Respondent: Shri Chandra Vijay, D.R
Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “B” BENCH, MUMBAI BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER. ITA. No.7203 & 7204/Mum/2013 (Assessment Years: 2009-10 & 2010-11) Nutan Laxmi Co-operative Appellant Housing Society Ltd., Plot No.51, Jaihind Recreation Club, N.S. Road No.11,, JVPD Scheme, Juhu, Mumbai Vs. ITO 19(2)(4) Respondent Ward-21(1)(3), R.N. 605, C-10, 6th Floor, B.K. Complex, Bandra (E), Mumbai. PAN: AAAT 1208J अपीलाथ" क" ओर से/By Appellant : Smt. Aarti Vissanji, & Shri Shavin S. Divatia, A.R. ""यथ" क" ओर से/By Respondent: Shri Chandra Vij…

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