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Deputy Commissioner Of Income Tax, (E), ... vs M/S. Tool And Gauge Manufacturers ... on 16 November, 2018

ix. ITAT Delhi Bench 'C' in Assistant Director of Income Tax (E), Trust Circle II, vs. Hologram Manufacturers Association in Appeal No. 3383/Del/2009 x. ITAT Kolkata Bench 'A' Belvedere Estates Tenants Association vs. Income- tax Officer in ITA no. 1156/Kol./2011 (c) 5.2.5 Ld. Counsel for the assessee submitted that the Revenue has filed the appeals challenging the order of Ld. F.A.A. on the basis of Ld. F.A.A. holding the receipts to be of the nature of FTS and application of principle of mutuality. However, there was third reason for allowing the appeal of assessee that the subscription's fee were held to be in the nature of reimbursement and the same has not been challenged before this Tribunal so on that ground alone the revenue appeals deserve to be disallowed.
Income Tax Appellate Tribunal - Bangalore Cites 16 - Cited by 1 - Full Document

The English And Scottish Joint ... vs Commissioner Of Agricultural ... on 24 April, 1945

In order to undertake the examination of mutuality, we gainfully advert to The English and Scottish Joint Co- operative Wholesale Society Ltd. v. Commissioner of Agricultural Income-Tax, Assam5, which has been quoted with approval by this Court in Commissioner of Income Tax, Bombay City v. Royal Western India Turf Club Ltd. 6 and Bangalore Club (supra). The afore stated stream of judicial pronouncements expound three conditions/tests to prove the existence of mutuality:
Calcutta High Court Cites 18 - Cited by 23 - Full Document

Commissioner Of Income-Tax, Bier vs M/S. Bankipur Club Ltd on 8 May, 1997

The revenue had preferred appeal which was dismissed by the Tribunal while relying the judgment of Hon'ble Supreme Court of India in Bankipur Club Ltd. (Supra) and Chelmsford Club (Supra) which have been rightly relied in the present case also by the Ld. First Appellate Authority while holding that the payments made to the Verein by Indian entities were in the nature of reimbursement and is exempt from taxation having been covered by the principle of mutuality.
Supreme Court of India Cites 18 - Cited by 135 - Full Document
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