Venkatesh Premises Co-Operativehousing Society Ltd v. The Income Tax Officer, Ward 12(3)(2

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL NO.335 OF 2009 Venkatesh Premises Co-operativeHousing Society Ltd. ... Appellant. Vs. The Income Tax Officer, Ward 12(3)(2). ...Respondent. ..... Mr.Nishant Thakkar i/b. MINT & Conferes for the Appellant.Mr. Suresh Kumar i/b. Mr.Ram B.Upadyaya for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. 18[th] January, 2010. P.C.: The appeal was admitted on the following substantial question of law : “Whether, on the facts and circumstances of the case and in law, transfer charges received from the transferees is not covered by the principle of mutuality and is chargeable to tax?” Counsel appearing on behalf of the Assessee and Counsel appearing on behalf of the Revenue have stated before the Court that the question of law is covered in favour of the assessee by the judgment of the Division Bench of this Court in Sind Co-operative Housing Society Ltd. vs. CIT, (2009) 317 ITR 47 and by the judgment in Mittal Court Premises Co-operative Society Ltd. vs. ITO, Income Tax Appeal 999 of 2004 and connected appeal decided by the Division Bench on 17[th] July 2009. In the circumstances, the appeal shall stand allowed and the question of law shall stand answered in favour of the assessee, in terms of the judgments of the Division Bench noted above. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)