9911796707
TMI Blog2000 (4) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... al has referred the following question of law for our opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in reversing the order of the Commissioner of Income-tax (Appeals) and in holding that loss or shortfall on account of administrative or maintenance charges of t he society could not be adjusted against the house property income of the society ?" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Income-tax (Appeals) has directed the Income-tax Officer to deduct the loss in the administrative heads out of the house property income as well as other sources and recompute the income/loss for three years accordingly. In appeal before the Tribunal, the Tribunal has considered clause 7(c) of the bye-laws of the society which provides that the members are bound to pay in add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he society on their behalf. In other words, all the expenses incurred by the society would be reimbursed by the members. We find no indication in the bye-laws that if there was any shortfall in this respect, the same could be deducted from the house property income of the society as such. In fact, it has not been shown before us what were the reasons for the shortfall of the reimbursement by the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Income-tax (Appeals) allowed the claim of the assessee on the basis of the decision in the case of Progressive Co-operative Society. But it is not shown that the aspect of the matter agitated by the Revenue before us in the present case, has been dealt with in the above case". There is no dispute on the facts that in no case any member is exempted for reimbursement of the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
