2009 (10) TMI 677

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..... rders of the Commissioner of Income-tax (Appeals). Since an identical issue is involved in both these appeals, these are being disposed of with this consolidated order. Learned counsel for the assessee submitted that the grounds of appeal of the assessee centres around whether voluntary contribution received by the assessee-society from its members as transfer fees, etc., are liable to tax. He su .....

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..... een reported in Sind Co-operative Housing Society v. ITO [2009] 317 ITR 47 (Bom). The learned Departmental representative has opposed the submission of learned counsel for the assessee. He submitted that there is no evidence that the contribution by the new members was voluntary. He submitted that the amount received by the assessee was in fact "transfer fees" received by the assessee-society upo .....

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..... th the direction to decide the same afresh in accordance with law and in accordance with the ratio of the decision of the jurisdictional High Court in Sind Co-operative Housing Society [2009] 317 ITR 47 (Bom) and after allowing reasonable opportunity of hearing to the assessee. We direct accordingly. In the result, both the appeals of the assessee are allowed for statistical purposes. The order p .....

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