2011 (8) TMI 1351

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.... Devi Singh For the Respondent : None ORDER Per Pramod Kumar: 1. By way of these appeals, the Assessing Officer has called into question correctness of CIT(A)'s separate orders, in the matter of assessment under section 144 of the Income tax Act, 1961, for the assessment years 2002-03, 2004-05 and 2006-07m respectively. Since common ground raised in all these appeals, they were  h....

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....mutuality. The decision has not been accepted by the Department and the issue is sub-judice." 3. Having heard learned Departmental Representative, we find that this issue is squarely covered by the judgment of Hon'ble Bombay High Court in the case of M/s. Shyam CHS and Suprabhat, CHS, order dated 1.10.2009 , wherein, it has been held that all amounts received by the Co-operative Housing Society....

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....ity. 6. Having heard learned Departmental Representative, we find that these contributions from the members of the society were incurred for regular maintenance and upkeep of the building. Therefore, these are covered under the principle of mutuality. The CIT(A) following the decisions of his predecessors from the assessment years 1995-96 to 2000-2001 and also the decisions of various Courts on....

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.... following the various decisions of the Tribunal, we decline to interfere and uphold the same. 10. Ground No.3 is thus dismissed. 11. In Ground No.4 for the assessment year 2002-03 and 2004-05, the Assessing Officer has raised the following grievance: "The ld CIT(A) erred in deleting the addition of Rs. .37,89,635 for A.Y. 2002-03 and Rs. .8,41,863 for A.Y. 2004-05 on account of int....