2015 (9) TMI 1717

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....PER D. KARUNAKARA RAO, AM: This appeal filed by the Revenue on 28.11.2014 is against the order of the CIT (A)-30, Mumbai dated 17.9.2014 for the assessment year 2010-2011. In this appeal, Revenue raised the following grounds which read as under: "1. Whether on the facts and circumstances of the case and in law, the Ld CIT (A) was justified in deleting the addition of Rs. 9,66,716/- hol....

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.... 13,16,820/- which includes the disallowances viz (i) Rs. 9,66,716/- on account of non-occupation charges and (ii) Rs. 3,87,126/- was disallowed on account of interest on Fixed Deposits claimed u/s 80P(2(d) of the Act. Aggrieved with the said additions made by the AO, assessee is in appeal before the first appellate authority. 3. During the proceedings before the first appellate authority, afte....

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....21,872/- received by the assessee in that AY 2003-04. Considering the commonality of the issue and binding nature of the coordinate Bench decision, ground no.1 raised by the Revenue is dismissed and to that extent the order of the CIT (A) is fair and reasonable and it does not call for any interference. 5. Ground no.2 relates to the application of the "principle of mutuality‟ to the inter....

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....efore the lower authorities. 8. I have heard both the parties and perused the orders of the Revenue Authorities as well as the cited judgment of the Hon‟ble Supreme Court in the case of Bangalore Club (supra). On perusal of the said judgment of the Apex Court, I find that the said judgment is relevant in this regard, wherein it was held that "The principle of mutuality relates to the noti....