2011 (8) TMI 1351

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....nt : 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 heard together and are disposed of by this c....

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....ted 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 on the grounds of transfer charges are exem....

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....sentative, 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 the subject, has deleted the addition made by the....

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....line 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 ₹ .37,89,635 for A.Y. 2002-03 and ₹ .8,41,863 for A.Y. 2004-05 on account of interest received from bank, treating interest received from C....