Sind Co-operative Housing Society v. ITO

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

Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar.

…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…

Cci Chambers Co Op Hsg Soc. Ltd, Mumbai vs. ITO 12(3)(3), Mumbai

Appeal of the assessee is allowed, as above

Bench: Shri G.S. Pannu: (A.Y : 2011-12) Cci Chambers Co-Op. Hsg. Soc. Ltd. Vs. Ito-12(3)(3), Cci Chambers, Dinshaw Wachha Mumbai (Respondent) Rd., Churchgate, Mumbai 400020 Pan : Aaajc0006E (Appellant)

…ee received over and above the permissible amount was liable to be taxed. The learned representative pointed out that the CIT(A) has erred in wrongly appreciating certain observations of the Hon'ble Bombay High Court in the case of Sind Co-op. Hsg. Soc. Ltd., 317 ITR 47. According to her, such an objection has been further considered by the Hon'ble Bombay High Court itself in its judgment dated 18.12.2014 in CIT vs. Darbhanga Mansion CHS Ltd. (ITA No. 1474 of 2012) in favour of the assessee’s stand. It was, therefore, contended that the precedents in the assessee’s own case by way of orders of the Tribunal clearl…

Tahnee Heights Cooperative Housing Society Ltd, Mumbai vs. Asst CIT 16(2), Mumbai

Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar.

…the various decisions of the Tribunal as well as that of the Hon'ble Bombay ITA No.7136/Mum/14 A.Y. 10-11 [Tahnee Heights Cooperative Housing Society Ltd. vs. ACIT] Page 3 High Court. In one of such cases, namely, Sind Co- operative Housing Society vs. ITO 317 ITR 47, the Hon'ble Bombay High Court has decided a similar issue in favour of the assessee and the relevant observations recorded by their lordships in this context are extracted below : "whether the fee was voluntary or not would make no difference to the principle of mutuality. Payments were made under the bye-laws of the assessee which constituted a…

Poonam Chambers B Wing Commerical Premises Coperative Society Ltd, Mumbai vs. ITO 18(1)(2), Mumbai

In the result, the appeal filed by the assessee-society in ITA N0

Bench: Shri Sanjay Garg & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.2470/Mum/2013 ("नधा"रण वष" / Assessment Year : 2009-10) Poonam Chambers ‘B’ Wing Income Tax Officer – बनाम/ Commercial Premises Co-Op. 18(1)(2), Mumbai. V. Society Ltd., Plot No. G, Shiv Sagar Estate, Dr. A.B. Road, Worli, Mumbai – 400018. "थायी लेखा सं./Pan : Aaaap1685M .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

…o-operative Society Ltd. v. ITO (2010) 320 ITR414 (Bom). B) CIT v. Adarsh Co-operative Housing Society (1995) 213 ITR 677 (Guj.) C) CIT v. Apsara Co-operative Housing Society Ltd. (1993) 204 ITR 662 (Cal.) D) Sind Co-operative Housing Society v. ITO (2009) 317 ITR 47 (Bom) E) CIT v. Apsara Co-operative Housing Society Ltd. (1993) 204 ITR 662 (Cal.) Thus it was submitted that the voluntary contribution received from members to ‘New Building Fund’ is covered by the principle of mutuality. The A.O. stated that the decision of Hon’ble Bombay High Court in the case of Mittal Court Premises Co-operative Society L…

M/S. Meherina Co-Oerative Housing Society Ltd, Mumbai vs. The ITO 16(2)(1), Mumbai

In the result, assessee’s appeal is allowed

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.5527 /Mum/2006 (ननधधारण वषा / Assessment Year : 2003-04) बनधम/ Mahindra Co-Operative Income Tax Officer 16(2)(1), Housing Society Ltd, Mumbai. Vs. 51C, Nepean Sea Road, Mumbai-400026 स्थधयी ऱेखध सं./ Pan : Aaaam3083G अपीऱार्थी ओर से / Assessee By Shri Manish Shah प्रत्यर्थी की ओर से/Revenue By Shri Premanand J सुनवाई की तायीख / Date Of Hearing : 12.5.2016 घोषणा की तायीख /Date Of Pronouncement :17.5.2016 आदेश / O R D E R Per Rajesh Kumar, A. M: This Appeal By The Assessee Is Directed Against The Order Dated 28.7.2006 Of Commissioner Of Income Tax (Appeals)- 25, Mumbai (Hereinafter Called As The Cit(A) For Assessment Year 2003-04. 2. The Brief Facts Of The Case Are That The Various Grounds Raised In This Appeal Were Decided Vide Order Dated 16.09.2008 Passed By The Mumbai Bench Of The Tribunal In Ita No.5527/Mum/2006. Thereafter Vide Miscellaneous Application No.586/M/2012 Dated 11.09.2012 Decision Rendered On The Ground No. 2 Of The Present Appeal I.E Ita No 5527/Mum/2006 Was Sought To Be 2 Rectified & Amended As It Contained An Apparent Mistake Which Had Arisen Because Of Decision Of The Jurisdictional High Court Rendered In The Case Of Sind Co-Operative Housing Society Reversing The Decision Of The Mumbai Special Bench In The Case Of Walkeshwar Triveni Co-Op.Housing Soceity Ltd By Which The Issue Of Taxability Of Transfer Fee Received On Transfer Of Flat From The Transferor Was Decided & Held To Be Non Taxable Receipt On The Principle Of Mutuality. 3. The Relevant Finding Of The Tribunal In The Order Passed In The Miscellaneous Application No 586/M/2012 Is Reproduced Below:

…Bench in case of Walkeshwar Triveni Co-operative Housing Society Ltd. Vs ITO 88 ITD 159 (Mum) (SB). The said decision of the Special Bench has been reversed by the Hon'ble Jurisdictional High Court in the case of Sind Co-operative Housing Society Ltd. Vs ITO 317 ITR 47 there is a mistake apparent in the order of this Tribunal with respect to the finding of ground no. 6 in para 14 to 16 of the impugned order which has to be rectified u/s 254(2). He has further pointed out that for the assessment year 2001-02 the Tribunal has already recall the order on view of the decision of Hon'ble Jurisdictional High Court in…

Himgiri Co Op Housing Society Ltd, Mumbai vs. ITO 19(1)(5), Mumbai

The appeal of the assessee is allowed for statistical purposes

Bench: Shri Joginder Singh, Assessment Year:2009-10 Himgiri Co-Op. Hosuing Ito-19(1)(5), Society Ltd. Room No.215, 2Nd Floor, बनाम/ 755/6, Peddar Road, Matru Mandir, Tardeo Road Vs. Mumbai-400026 Mumbai-400007 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aaaah0860N

…nal vide order dated 15th October, 2010, (ITA No.520/Mum/2010) in the case of assessee itself discuss the issue in a identical situation and following the decision from Hon’ble jurisdictional High Court in the case of Singh Co-oprating Housing Society vs ITO 317 ITR 47 (Bom.), Su Prabhat Cooperative Housing Society Ltd. vs ITO (ITA No.1972 of 2009, order dated 01/10/2009, as well as Shyam Housing Society Ltd. vs CIT (mentioned in para 7 of the order of the Tribunal) held that the principle of mutuality will be apply to the receipts and dismiss the appeal of the Revenue. Further reliance was placed upon the decis…

Pathare Prabhu Co Op Hsg Soc.Ltd, Mumbai vs. ITO 15(2)(2), Mumbai

In the result, all the appeals of the assessee are allowed

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm आमकय अऩीर सिं./Ita Nos.5524-5526&128/Mum/2012 Pathare Prabhu Co-Op. Hsg. Soc. Vs. Ito-15(2)(2), Mumbai Ltd., Plot No.340, Prabhu Nagar, 12Th Road, Khar (W), Mumbai- 400052 स्थममी रेखम सिं./ जीआइआय सिं./ Pan/Gir No. : Aaaap 4549 G (अऩीरमथी /Appellant) (प्रत्मथी / Respondent) .. यनधमवरयती की ओर से /Assessee By : Shri Vipul Joshi यमजस्र् की ओर से /Revenue By : Shri Nimesh Yadav सुनर्मई की तमयीख / Date Of Hearing : 27/08/2015 घोषणम की तमयीख/Date Of Pronouncement 09/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2003-04 To 2006-07 & 2008- 09, In The Matter Of Order Passed U/S.143(3) Of The I.T.Act. 2. Common Grounds Have Been Taken By The Assessee In All The Years Under Consideration, Therefore, All The Appeals Were Heard & Are Now Disposed Off By This Consolidated Order. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That The Assessee Is A Registered Cooperative Housing Society Assessed To Tax Before The Ito Ward-15(2)(2), Mumbai. In The A.Y.2003- 04 The Ao Issued A Notice U/S.143(2) Of The Act Pursuant To The Order Of 2

…inciple of mutuality would apply. [Para 9]” 12. After considering rival contentions and facts and circumstances of the case, we found that this issue is also covered by the decision of Hon’ble Bombay High Court in the case of Sind Cooperative Housing Society, 317 ITR 47, wherein the Hon’ble High Court has held as under :- “If the object of the assessee company claiming to be a "mutual concern" or "club" is to carry on a particular business and money is realized both from the members and from non-members, for the same consideration, by giving the same or similar facilities to all alike in respect of the one and th…

Pathare Prabhu Co Op Hsg Soc Ltd, Mumbai vs. ITO WD 15(2)(2), Mumbai

In the result, all the appeals of the assessee are allowed

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm आमकय अऩीर सिं./Ita Nos.5524-5526&128/Mum/2012 Pathare Prabhu Co-Op. Hsg. Soc. Vs. Ito-15(2)(2), Mumbai Ltd., Plot No.340, Prabhu Nagar, 12Th Road, Khar (W), Mumbai- 400052 स्थममी रेखम सिं./ जीआइआय सिं./ Pan/Gir No. : Aaaap 4549 G (अऩीरमथी /Appellant) (प्रत्मथी / Respondent) .. यनधमवरयती की ओर से /Assessee By : Shri Vipul Joshi यमजस्र् की ओर से /Revenue By : Shri Nimesh Yadav सुनर्मई की तमयीख / Date Of Hearing : 27/08/2015 घोषणम की तमयीख/Date Of Pronouncement 09/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2003-04 To 2006-07 & 2008- 09, In The Matter Of Order Passed U/S.143(3) Of The I.T.Act. 2. Common Grounds Have Been Taken By The Assessee In All The Years Under Consideration, Therefore, All The Appeals Were Heard & Are Now Disposed Off By This Consolidated Order. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That The Assessee Is A Registered Cooperative Housing Society Assessed To Tax Before The Ito Ward-15(2)(2), Mumbai. In The A.Y.2003- 04 The Ao Issued A Notice U/S.143(2) Of The Act Pursuant To The Order Of 2

…inciple of mutuality would apply. [Para 9]” 12. After considering rival contentions and facts and circumstances of the case, we found that this issue is also covered by the decision of Hon’ble Bombay High Court in the case of Sind Cooperative Housing Society, 317 ITR 47, wherein the Hon’ble High Court has held as under :- “If the object of the assessee company claiming to be a "mutual concern" or "club" is to carry on a particular business and money is realized both from the members and from non-members, for the same consideration, by giving the same or similar facilities to all alike in respect of the one and th…

Pathare Prabhu Co Op Hsg Soc Ltd, Mumbai vs. ITO WD 15(2)(2), Mumbai

In the result, all the appeals of the assessee are allowed

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm आमकय अऩीर सिं./Ita Nos.5524-5526&128/Mum/2012 Pathare Prabhu Co-Op. Hsg. Soc. Vs. Ito-15(2)(2), Mumbai Ltd., Plot No.340, Prabhu Nagar, 12Th Road, Khar (W), Mumbai- 400052 स्थममी रेखम सिं./ जीआइआय सिं./ Pan/Gir No. : Aaaap 4549 G (अऩीरमथी /Appellant) (प्रत्मथी / Respondent) .. यनधमवरयती की ओर से /Assessee By : Shri Vipul Joshi यमजस्र् की ओर से /Revenue By : Shri Nimesh Yadav सुनर्मई की तमयीख / Date Of Hearing : 27/08/2015 घोषणम की तमयीख/Date Of Pronouncement 09/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2003-04 To 2006-07 & 2008- 09, In The Matter Of Order Passed U/S.143(3) Of The I.T.Act. 2. Common Grounds Have Been Taken By The Assessee In All The Years Under Consideration, Therefore, All The Appeals Were Heard & Are Now Disposed Off By This Consolidated Order. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That The Assessee Is A Registered Cooperative Housing Society Assessed To Tax Before The Ito Ward-15(2)(2), Mumbai. In The A.Y.2003- 04 The Ao Issued A Notice U/S.143(2) Of The Act Pursuant To The Order Of 2

…inciple of mutuality would apply. [Para 9]” 12. After considering rival contentions and facts and circumstances of the case, we found that this issue is also covered by the decision of Hon’ble Bombay High Court in the case of Sind Cooperative Housing Society, 317 ITR 47, wherein the Hon’ble High Court has held as under :- “If the object of the assessee company claiming to be a "mutual concern" or "club" is to carry on a particular business and money is realized both from the members and from non-members, for the same consideration, by giving the same or similar facilities to all alike in respect of the one and th…

Pathare Prabhu Co Op Hsg Soc Ltd, Mumbai vs. ITO WD 15(2)(2), Mumbai

In the result, all the appeals of the assessee are allowed

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm आमकय अऩीर सिं./Ita Nos.5524-5526&128/Mum/2012 Pathare Prabhu Co-Op. Hsg. Soc. Vs. Ito-15(2)(2), Mumbai Ltd., Plot No.340, Prabhu Nagar, 12Th Road, Khar (W), Mumbai- 400052 स्थममी रेखम सिं./ जीआइआय सिं./ Pan/Gir No. : Aaaap 4549 G (अऩीरमथी /Appellant) (प्रत्मथी / Respondent) .. यनधमवरयती की ओर से /Assessee By : Shri Vipul Joshi यमजस्र् की ओर से /Revenue By : Shri Nimesh Yadav सुनर्मई की तमयीख / Date Of Hearing : 27/08/2015 घोषणम की तमयीख/Date Of Pronouncement 09/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2003-04 To 2006-07 & 2008- 09, In The Matter Of Order Passed U/S.143(3) Of The I.T.Act. 2. Common Grounds Have Been Taken By The Assessee In All The Years Under Consideration, Therefore, All The Appeals Were Heard & Are Now Disposed Off By This Consolidated Order. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That The Assessee Is A Registered Cooperative Housing Society Assessed To Tax Before The Ito Ward-15(2)(2), Mumbai. In The A.Y.2003- 04 The Ao Issued A Notice U/S.143(2) Of The Act Pursuant To The Order Of 2

…inciple of mutuality would apply. [Para 9]” 12. After considering rival contentions and facts and circumstances of the case, we found that this issue is also covered by the decision of Hon’ble Bombay High Court in the case of Sind Cooperative Housing Society, 317 ITR 47, wherein the Hon’ble High Court has held as under :- “If the object of the assessee company claiming to be a "mutual concern" or "club" is to carry on a particular business and money is realized both from the members and from non-members, for the same consideration, by giving the same or similar facilities to all alike in respect of the one and th…

Pathare Prabhu Co -Op Hsg. Soc .Ltd, Mumbai vs. ITO 15(2)(2), Mumbai

In the result, all the appeals of the assessee are allowed

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm आमकय अऩीर सिं./Ita Nos.5524-5526&128/Mum/2012 Pathare Prabhu Co-Op. Hsg. Soc. Vs. Ito-15(2)(2), Mumbai Ltd., Plot No.340, Prabhu Nagar, 12Th Road, Khar (W), Mumbai- 400052 स्थममी रेखम सिं./ जीआइआय सिं./ Pan/Gir No. : Aaaap 4549 G (अऩीरमथी /Appellant) (प्रत्मथी / Respondent) .. यनधमवरयती की ओर से /Assessee By : Shri Vipul Joshi यमजस्र् की ओर से /Revenue By : Shri Nimesh Yadav सुनर्मई की तमयीख / Date Of Hearing : 27/08/2015 घोषणम की तमयीख/Date Of Pronouncement 09/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2003-04 To 2006-07 & 2008- 09, In The Matter Of Order Passed U/S.143(3) Of The I.T.Act. 2. Common Grounds Have Been Taken By The Assessee In All The Years Under Consideration, Therefore, All The Appeals Were Heard & Are Now Disposed Off By This Consolidated Order. 3. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That The Assessee Is A Registered Cooperative Housing Society Assessed To Tax Before The Ito Ward-15(2)(2), Mumbai. In The A.Y.2003- 04 The Ao Issued A Notice U/S.143(2) Of The Act Pursuant To The Order Of 2

…inciple of mutuality would apply. [Para 9]” 12. After considering rival contentions and facts and circumstances of the case, we found that this issue is also covered by the decision of Hon’ble Bombay High Court in the case of Sind Cooperative Housing Society, 317 ITR 47, wherein the Hon’ble High Court has held as under :- “If the object of the assessee company claiming to be a "mutual concern" or "club" is to carry on a particular business and money is realized both from the members and from non-members, for the same consideration, by giving the same or similar facilities to all alike in respect of the one and th…

ITO 16(1)(1), Mumbai vs. Grand Paradi Co Op Hsg Soc Ltd, Mumbai

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri N.K. Billaiya & Shri Sanjay Gargआयकर अपील सं/ I.T.A. No.7222/Mum/2013 ("नधा"रण वष" / Assessment Year:2010-11 The Ito 16(1)(1), M/S. Grand Paradi Co.Op. बनाम/ Matru Mandir, Hsg. Soc. Ltd. Vs. Tardeo Road, 572, Dady Seth Hill, Mumbai-400 007 August Kranti Marg, Mumbai-400 036 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaag 1083E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By: Shri V. Tripathi ""यथ" क" ओर से/Respondent By: Shri Mayur R.Makadia

…decisions of the Tribunal. We find force in the contention of the Ld. Counsel. We find that in both the decisions of the Tribunal, the Tribunal has followed the decision of the Hon’ble High Court of Bombay in the case of Sind Co.Operative Housing Soc. Vs ITO 317 ITR 47 and Shyam Co- Operative Housing Society Vs CIT in Income Tax Appeal Nos. 92,93 & 206 of 2008 dated 17.7.2009 which has also been followed by the Ld. CIT(A). We, therefore decline to interfere with the findings of the Ld. CIT(A). 6. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court at the time of hear…