2014 (7) TMI 1344 - HC - Income Tax

Taxability of non occupancy charges - contribution to common amenity fund/repairs and welfare fund being the first contribution made by the existing/new member - Principle of mutuality - HELD THAT - Appeals do not raise any substantial question of law. The findings rendered by the Tribunal are in consonance with the functioning and administration of a cooperative housing society that has been recognized by a Division Bench of this Court and the decision to that effect in Mittal Court Premises Cooperative Housing Society Ltd. V/s. Income Tax Officer 2009 (7) TMI 689 - BOMBAY HIGH COURT concludes the issue. In the light of this Division Bench order and which has been followed in the cases of Jai Hind Cooperative Housing Society Ltd., Suprabhat Cooperative Housing Society Ltd. that we are of the opinion that the appeals deserves to be dismissed. They are accordingly dismissed

Summary

The Bombay High Court dismissed the appeal as it did not raise any substantial question of law. The Tribunal's findings were in line with the functioning of a cooperative housing society, as established in previous court cases. The appeal was therefore dismissed with no costs.