2018 (5) TMI 1002

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....ng Officer's action making addition (s) of Rs. 55,87,395/- and Rs. 40,88,325/- in respect of rental income and service fee received from M/s. Reliance Industries Ltd thereby holding the same to be covered under 'mutuality ' principle. The assessee's appeal ITA No.2377/Kol/2016 for A.Y.2011-12 on the other hand, emanates from the CIT(A)-2, Kolkata's order dated 08.09.2016 passed in Appeal No.53/CIT(A)-2/16-17 upholding the Assessing Officer's action denying it 'mutuality' benefit qua interest income on fixed deposit rental income and service fee (latter two receipts in case of its above payee) involving amounts of Rs. 1,47,77,243/- Rs. 57,98,259/- and Rs. 43,50,052/-; respectively. Relevant proceedings in both the cases are u/s 143(3) of the....

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....g Club Ltd 153 ITR 676 in holding the impugned sums to be covered under mutual principle. It emerges from perusal of the case file in the former assessment year that CIT(A)'s order in the said preceding assessment year 2007-08 follows identical finding in A.Y.2004-05 and 2008-09. The Revenue's appeal ITA No.748/Kol/2014 for A.Y.2007-08 was also fixed along with the instant cases. It stands adjourned to 19.06.2018 as per assessee's request as well as in view of the fact that not all issues raised in these cases taken together are identical. We thus take up the instant two appeals for disposal. 5. We advert the merits of the issue now. The CIT(A) in former A.Y.2010-11 admittedly follows his finding in preceding assessment years while delet....