Sunday, June 24, 2018

'Housing Complex' - IT nd GST EXemption - Ongoing Controversy (Unsettled >....)?

Housing Societies (ASSOCIATIONS) - Taxation v IT Exemption 

is it not Time to WAKE-up - NOW?!













Look for MORE - Blogs On 'Housing Complex')

> "Housing Associations" <> Doctrine of "MUTUALITY"

< within- sample comments@

SC in re Bangalore Club Case ;

http://vswaminathan-swamilook.blogspot.com/2014/11/literate-who-is-one.html




@AT


Excerpts:
"The Bombay High Court (BHC), while quashing the appeal of the tax authority, ruled that the receipts of the societies are not in the nature of business income, generating profits/ surplus and therefore, not taxable."
"The doctrine of mutuality, based on common law principles, is premised on the theory that a person cannot make a profit from himself. An amount received from oneself, therefore, cannot be regarded as income and taxable. Section 2(24) of the Income Tax Act defines taxable income. THE INCOME OF A CO­OPERATIVE SOCIETY FROM BUSINESS IS TAXABLE, IT OBSERVED." (FONT supplied)"
Should not the reasoning equally hold good levies against the ongoing far more controversial in-direct levy of ST/GST ?!

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