Apropos of PPs, Say -
http://vswaminathan-swamilook.blogspot.in/2017/11/principle-of-mutuality-v-tax-exemptiion.html
PROPOSITION:
A Housing Society , by whatever name called /designated, registered or not, is not liable to be taxed, so long as the 3 crucial Tests for applicability of the 'principle of mutuality, are satisfied.
Points to raise:
Not a club; hence the case law on the Issue in the instances in which the entity is a "members' club " (e.g. Bangalore Club - SC Judgment) has no relevance or is of application.
Instead, the Issue has to, if at all so called for /to be urged, be considered and decided having regard to the provisions of sec. which deal with tax exemption of co-operative societies.
The SC in Bangalore Club case, rejecting the Revenue's stance, has been distinguished and not been followed; but, been decided in housing societies favor , in several SC and HC cases. And, been done so, accepting the proposition supra.
For recent Posts:
> https://www.facebook.com/swaminathanv3/posts/1526031497473131?pnref=story
>https://www.facebook.com/swaminathanv3/posts/1525936494149298?pnref=story
Case Law (unflinchingly deciding the issue- within) -
https://indiankanoon.org/doc/388672/
https://indiankanoon.org/doc/81423488/
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