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TMI Blog2018 (8) TMI 2043X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court decision in the case of Income Tax Officer v. Venkatesh Premises Cooperative Society Ltd.[ 2018 (3) TMI 675 - SUPREME COURT ] as held charges are utilised only for the common benefit of facilities and amenities to the members. Contribution to the common amenity fund taken from a member disposing property is similarly utilised for meeting sudden and regular heavy repairs to ensure con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equired to contribute to the common fund for availing common facilities, and then grants only occupancy rights to them by draw of lots, the ownership remaining with the society, the receipts cannot be bifurcated into two segments of receipt and costs, so as to hold the former to be outside the purview of mutuality classifying it as income of the society with commerciality. In the exercise of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.S.SANKLECHA AND SANDEEP K. SHINDE, JJ. For the Appellant : Mr. R. Murlidhar with Mr. Rajesh Poojary I/by Mulla Mulla C.B. C. For the Respondent : Mr. Ashok R. Kotangle with Mr. Prabhakar Ramshur ORDER P.C: This Appeal under Section 260A of the Income Tax Act, 1961 ('Act') was admitted on 13.8.2008 on numerous substantial questions of law. 2 Mr. Murlidha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s an agreed position between the parties that the issue arising herein stands concluded by the Apex Court decision in the case of Income Tax Officer v. Venkatesh Premises Cooperative Society Ltd. 402 ITR 670. The Apex Court in the common order reported as Venkatesh Premises Cooperative Society Ltd. (Supra) also allowed the Appellant's Appeal being Civil Appeal No.1180 of 2015 which arose from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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