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    <title>2006 (5) TMI 311 - ITAT MUMBAI</title>
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    <description>Interest-free amounts received from incoming members were treated as refundable loans rather than income because they were authorised by society resolutions, received from identifiable members through banking channels, recorded as repayable loans and repaid in fact. Receipts linked to utilisation of available FSI for four new tenements and related allotments were also held to fall within the mutual character of the housing society&#039;s activities, as the society operated within its bye-laws, dealt only with members, and maintained complete identity between contributors and participators. The attempt to treat the project as partly non-mutual was rejected, so the disputed receipts were not taxable as business income.</description>
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      <link>https://www.taxtmi.com/caselaws?id=118293</link>
      <description>Interest-free amounts received from incoming members were treated as refundable loans rather than income because they were authorised by society resolutions, received from identifiable members through banking channels, recorded as repayable loans and repaid in fact. Receipts linked to utilisation of available FSI for four new tenements and related allotments were also held to fall within the mutual character of the housing society&#039;s activities, as the society operated within its bye-laws, dealt only with members, and maintained complete identity between contributors and participators. The attempt to treat the project as partly non-mutual was rejected, so the disputed receipts were not taxable as business income.</description>
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