2013 (1) TMI 1031 - AT - Income Tax

Summary

Issues: Appeal against disallowance of guest fees, room charges, and hire charges in club lawn collection from non-members.

The Revenue's appeal and the Assessee's Cross-Objection were filed against the order of the ld. CIT(A)-XIV, Ahmedabad dated 18.11.2009. The main contention was the disallowance of Rs. 52,95,900/- by the A.O. on account of guest fees, room charges, and hire charges in relation to club lawn collection from non-members, on the grounds that the income earned from non-regular club members was not offered due to being outside the purview of mutuality. The ld. CIT(A) deleted this addition, citing various decisions in favor of the appellant, including a recent decision of the Hon'ble ITAT 'B' Bench Ahmedabad in the appellant's own case for A.Y. 03-04 and A.Y. 04-05. The ITAT upheld the ld. CIT(A)'s decision based on the previous appellate orders and legal positions, resulting in the relief of Rs. 52,95,900/- for the appellant.

The ITAT, in consideration of the relief granted by the ld. CIT(A) based on the previous decisions and legal positions, upheld the order and dismissed the Revenue's appeal. Consequently, the Cross-Objection filed by the Assessee in support of the ld. CIT(A)'s order was also dismissed as it became infructuous due to the decision in the Revenue's appeal. Therefore, both the Revenue's appeal and the Assessee's Cross-Objection were dismissed, and the order was pronounced in open Court on 11.01.2013.