The Commissioner Of Income Tax-21 v. The Nutan Laxmi Co Operative Housing Society Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1140 OF 2011 The Commissioner of Income Tax-21 versus ..Appellant The Nutan Laxmi Co Operative Housing Society Ltd...Respondent -------- Mr.Suresh Kumar for the Appellant.Mrs. Aarti Vissanji, Sr. Adv with Mr. S.P. Mehta with Mr. Sudhir Mehta for the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE P.C. : In this appeal by the revenue, the following question of law has been proposed for our consideration. a)Whether on the facts and in the circumstances of the case and in law, the ITAT is right in holding that the amount of contribution received by the assessee from transfer and transferee members amounting to Rs.39,71,999/- falls in the concept of mutuality? b)Whether on the facts and in the circumstances of the case and in law, the ITAT is right in confirming the order of CIT(A) holding that the amount of premium received by the Co. Op. Housing Society on account of utilisation of TDR from its member is not taxable? 2We find that the impugned order of the Tribunal has remanded the issue arising in both the questions to the Assessing Officer for fresh consideration. This remand by the impugned order was in the light of the decision of this court in the matter of Mittal Court Premises, reported in 328 ITR page 414 and Sind Co.Op. Society, reported in 317 ITR page 47. Since, the matter has been remitted for fresh determination by the Assessing Officer, no questions of law arises for our consideration. 3 Thus, the appeal is dismissed, with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)