Itta/241/2012 Of The Commissioner Of Income Tax- Ii v. M/S. Treasure Island Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD WEDNESDAY, THE TENTH DAY OF JULYTWO THOUSAND AND THIRTEEN PRESENT THE HON’BLE THE CHIEF JUSTICESRI KALYAN JYOTI SEN GUPTA AND THE HON'BLE MS. JUSTICE G.ROHINI I.T.T.A. No.241 OF 2012 Between: Commissioner of Income Tax-IIHyderabad. ..... Appellant AND M/s. Treasure Island Pvt. Ltd., Flat No. 601, Golden Green Apartments,Erramanzil, Hyderabad .....Respondent The Court made the following : JUDGMENT:(per the Hon’ble the Chief Justice Sri K.J. Sengupta) This appeal is sought to be filed against the judgmentand order of the learned Tribunal dated 30.7.2007 in relationto the assessment year 2002-2003, on the followingsuggested question of law: Whether on the facts and in the circumstances of thecase, the Tribunal was correct in law in holding that theentire membership fee collected in the year underconsideration cannot be taxed in that year and has to bedeferred to future years? We have heard the learned counsel for the appellantand gone through the impugned judgment and order. Thelearned Tribunal has decided the matter following earlierdecision of the Tribunal in the assessee’s own case in ITANos. 1189 and 1190/Hyd/04 for the assessment years1997-1998 and 2001-2002. It is not the case of theRevenue that the orders passed earlier were appealed onthe same have been reversed. In view of the consistentfindings of the learned Tribunal, which are accepted by theparties, we do not see any reason to interfere with theimpugned judgment and order. Consequently, we dismissed the appeal. No order asto costs. July 10, 2013MAS ______________________Kalyan Jyoti Sengupta, CJ.__________G.Rohini, J.