Meherina Chs Ltd, Mumbai vs Department Of Income Tax

आयकर अपीलीय अिधकरण, अिधकरण मुंबई IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES 'B' MUMBAI सव[ौी आय.पी. बंसल, Ûयाियक सदःय एवं ौी बी.आर. भाःकरन, लेखा सदःय के सम¢ । BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND

SHRI B.R.BASKARAN, ACCOUNTANT MEMBER

ITA NO.8714/MUM/2011 (A.Y.2005-06)

The Income tax Officer-16(2)(1) M/s. Meherina CHS Ltd. Matru Mandir C-51, Napean Sea Road Mumbai- 400 007 Vs. Mumba-400 026.. GIR No./PAN : AAAAM 3083 G (Respondent) (Appellant )

Appellant by : Shri Premchand .J-Sr.AR Respondent by : Shri Ashok Unadkat-CA

Date of hearing : 07/01/2015 Date of pronouncement : 07/01/2015

ORDER

PER I.P.BANSAL, J.M:

This appeal is filed by the revenue . It is directed against the order passed by the ld. CIT(A) dated 21/10/2011 for the assessment year 2005-06. The grounds of appeal read as under :-

"The appellant prays that the order of the CIT(A) on the above grounds be set aside and that of the AO be restored.

1. The ld. CIT(A) erred in deleting the addition on account of voluntary contribution of Rs.21,69,200/- following the decisions of Hon'ble High Court of Bombay in the case of M/s. Sind co-op. Hsg. Society and various decisions of the Mumbai Tribunal on the ground that the said voluntary contributions are exempt under the principle of mutuality. The decision has not been accepted by the Department and the issue is sub-judice.

2. The ld. CIT(A) erred in deleting the addition on account of garden maintenance of Rs.30,000/- following the decision of Hon'ble Tribunal in assessee's own case for AYs 2000-01, 2001-02 and 2002-03 by holding that the same is exempt under the principle of mutuality."

2 2. The first ground of the revenue relates to sum of Rs.21,69,2000/- received by the assessee as transfer fee from the members. Ld. CIT(A) has accepted this claim of the assessee on the basis of decision of ITAT in the case of the assessee itself for assessment year 2000-01 and also various other decisions according to which transfer fee received by Co-operative Housing Society is exempt on the principle of mutuality. The department is aggrieved with such relief granted by the ld. CIT(A) and has expressed grievance in Ground No.1.

3. We have heard both the parties and we found that this issue is no more res- integra as recently Hon'ble Bombay High Court vide its order dated 18/12/2014 in the case of CIT(A) vs. Darbhanga Mansion CHS Ltd. in Income Tax Appeal No.1474/2012 have held that transfer fee received by co-operative Hsg. Society from incoming and outgoing members (even in excess of limits ) is exempt on the ground of mutuality. Therefore, after hearing both the parties, we find no merit in ground No.1 and the same is dismissed.

3.1 So far as it relates to Ground No.2 it is evident that the impugned relief has been granted by the ld. CIT(A) on the basis of the decision of the Tribunal in assessee's own case in respect of assessment year 2000-01, 2001-02 and 2002-03. As CIT(A) has followed the earlier order of the Tribunal in assessee's own case, after hearing both parties, we decline to interfere in the relief granted by the ld. CIT(A). Therefore, Ground No.2 of the revenue is also dismissed.

4. In the result appeal filed by the revenue is dismissed.

Order pronounced in the open court on 07/01/2015 आदे श कȧ घोषणा खुले Ûयायालय मɅ Ǒदनांकः 07/01/2015 को कȧ गई ।

Sd/- Sd/- (बी.आर. भाःकरन /B.R.BASKARAN ) (आय.पी. बंसल / I.P. BANSAL) लेखा सदःय / ACCOUNTANT MEMBER Ûयाियक सदःय / JUDICIAL MEMBER मुंबई Mumbai; Ǒदनांक Dated 07/01/2015 व.िन.स./Jv, Sr. PS 3

आदे श कȧ ूितिलǒप अमेǒषत/Copy षत of the Order forwarded to : 1. अपीलाथȸ / The Appellant 2. ू×यथȸ / The Respondent. 3. आयकर आयुƠ(अपील) / The CIT(A)- 4. आयकर आयुƠ / CIT

5. ǒवभागीय ूितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai

6. गाड[ फाईल / Guard file.

आदे शानुसार/ ार BY ORDER, स×याǒपत ूित //True Copy//

उप/सहायक उप सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अिधकरण मुंबई / ITAT, Mumbai