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TMI Blog2015 (2) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... ative Housing Society) under the principle of mutuality. 2. The assessment year involved is Assessment Year 2003-04. 3. The appellant-revenue has raised following question of law for our consideration: "Whether on the facts and in the circumstance of the case and in law, the Tribunal, was justified in upholding the CIT (A)'s order and dismissing the revenue's appeal and accepting the assessee's plea that the contribution of Rs. 42 Lakhs paid towards the transfer fees and Rs. 23,250/- being non occupancy charges are covered by the principle of mutuality and is not chargeable to tax?" 4. We find that the Tribunal by the impugned order has followed the decision of this Court rendered in the respondent-assessee's own case fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals need to be admitted on the issue of transfer fees. 6. Mr. Patil, learned Counsel appearing for Assessee points out that it has not been the revenue's case before the authorities that any amount in excess of amount referred to in the State Government Circular dated 9th August 2001 was charged by the respondent-assessee from its members. In his submission, the issue stands covered by the decision of this Court in its own case following Sind Coop. Housing Society (supra) and also an unreported decision in Income Tax Appeal No. 1474/2012 in CIT Vs. Darbhanga Mansion Coop. Housing Society Ltd. on 18th December 2014. 7. We find that so far as non occupancy charges are concerned the same has not been admitted by this Court in M/s Pan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing but transfer fees. It may have been credited to the fund and with a view to demonstrate that it is nothing but a voluntarily contribution or donation to the Society, but still it constitutes its income. However, for rendering such a conclusive finding there has to be material brought by the Revenue on record. Beyond urging that it has been received at the time of a transfer of the flat and credited to such a fund will not be enough to displace the principle laid down in the decision of Sind Cooperative Housing Soceity. The attempt of the Revenue therefore is nothing but overcoming the binding judgment of this Court. In the present case, the Commissioner and the Tribunal both have held that the receipt may have been occasioned by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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