Commissioner of Income-tax v. Adarsh Co. Op. Housing Society Ltd
[Citation -2015-LL-0505-23]

Citation 2015-LL-0505-23
Appellant Name Commissioner of Income-tax
Respondent Name Adarsh Co. Op. Housing Society Ltd.
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 05/05/2015
Judgment View Judgment
Keyword Tags substantial question of law • transfer of plot
Bot Summary: Present Reference, at the instance of the revenue, is made by the learned tribunal to consider the following substantial question of law :- Whether the amount received by the assessee Society on account of transfer of plot by members is taxable or nor 2.00. At the outset, it is required to be noted that the present Reference was kept pending, as the issue was referred to the Full Bench of this Court. It is reported that now the issue / question raised in Page 1 of 2 Downloaded on : Tue Aug 11 09:24:15 IST 2020 O/ITR/112/1987 ORDER the present Reference is squarely covered by the decision of the Full Bench of this Court in its Judgement and Order dated 24/4/2015 rendered in I.T.R. No.33 of 1998 and other allied Reference and it is held against the revenue. In view of the above, the question of law is answered against the revenue. Now, the matter is remitted to the learned appellate tribunal to decide the matter in accordance with law and in light of the observations made by the Full Bench of this Court in its Judgement and Order dated 24/4/2015 rendered in I.T.R. No.33 of 1998 and other allied References.


O/ITR/112/1987 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE NO. 112 of 1987 COMMISSIONER OF INCOME TAX....Applicant(s) Versus ADARSH CO. OP. HOUSING SOCIETYLTD.....Respondent(s) Appearance: MR SUDHIR M MEHTA, ADVOCATE for Applicant(s) No. 1 SERVED BY RPAD - (N) for Respondent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE S.H.VORA Date : 05/05/2015 ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.00. Present Reference, at instance of revenue, is made by learned tribunal to consider following substantial question of law :- Whether amount received by assessee Society on account of transfer of plot by members is taxable or nor? 2.00. At outset, it is required to be noted that present Reference was kept pending, as issue was referred to Full Bench of this Court. 3.00. It is reported that now issue / question raised in Page 1 of 2 Downloaded on : Tue Aug 11 09:24:15 IST 2020 O/ITR/112/1987 ORDER present Reference is squarely covered by decision of Full Bench of this Court in its Judgement and Order dated 24/4/2015 rendered in I.T.R. No.33 of 1998 and other allied Reference and it is held against revenue. 4.00. In view of above, question of law is answered against revenue. Now, matter is remitted to learned appellate tribunal to decide matter in accordance with law and in light of observations made by Full Bench of this Court in its Judgement and Order dated 24/4/2015 rendered in I.T.R. No.33 of 1998 and other allied References. With this present Reference is disposed of. Sd/- (M.R.SHAH, J.) Sd/- (S.H.VORA, J.) Rafik. Page 2 of 2 Downloaded on : Tue Aug 11 09:24:15 IST 2020 Commissioner of Income-tax v. Adarsh Co. Op. Housing Society Ltd
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