In The Commissioner Of Income Tax v. Bombay Presidency Radio Club Ltd, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: Whether the tribunal was right in holding that the hire charges of the pier and residential room rent received by the assessee were not taxable on the principles of mutuality is the question raised in this appeal.
Decision: In this view of the matter, we see no merit in the appeal and is accordingly dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
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IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 464 OF 2010
The Commissioner of Income Tax
..Appellant.
Vs.
Bombay Presidency Radio Club Ltd.
..Respondent.
Mr. Vimal Gupta for the Appellant.
Mr. K. Gopal with Mr. Jitendra Singh for respondents.
CORAM : J.P. DEVADHAR AND
SMT.R.P. SONDURBALDOTA, JJ.DATE : 7TH JUNE, 2011.
P.C.
Whether the tribunal was right in holding that the hire charges of
the pier and residential room rent received by the assessee were not taxable on the principles of mutuality is the question raised in this appeal. The tribunal following its decision in assessee's own case for A.Y. 1980-81 in I.T.A. No. 4955/M/86 and in A.Y. 1990-91 in I.T.A. No. 9409/M/92 has held that the principles of mutuality would be applicable. The decision of the Tribunal in those years have been accepted by the Revenue. In this view of the matter, we see no merit in the appeal and is accordingly dismissed.
( SMT.R.P, SONDURBALDOTA,, J. )
(J.P. DEVADHAR, J.)
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