2013 (2) TMI 475

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....ch is contrary to the law laid down by the apex court. 2. The assessee is a plot owner society. In the assessment year in question, the assessee had received a sum of Rs. 12,98,742 as the TDR premium from its members. In the original return of income, the assessee had offered the TDR premium of Rs. 12,98,742 to tax and after deducting the expenditure incurred by it, computed the income chargeable to tax at Rs. 7,27,660. The said return of income was processed under section 143(1) and accepted without any addition or disallowance. 3.  Thereafter, by a notice issued under section 148 of the Income-tax Act, 1961, the Assessing Officer called upon the assessee to show cause as to why the expenditure incurred for earning the TDR premi....

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....the assessee to contend in the reassessment proceedings that the TDR pre-mium was not taxable by applying the principle of mutuality. The Com-missioner of Income-tax (Appeals) further held that the assessee has not been able to prove that the expenditure was incurred for earning the tax-able income and, therefore, the expenditure claimed by the assessee was not allowable. 6. On further appeal filed by the assessee, the Income-tax Appellate Tri-bunal following its decision in the case of Ashok Co-operative Housing Society Ltd. in I. T. A. No. 6894/M/02, dated November 23, 2005, held that the TDR premium received by the assessee was not taxable on account of the principle of mutuality. The Income-tax Appellate Tribunal, however, upheld the....