| COURT: | Supreme Court |
| CORAM: | Prafulla C. Pant J, Ranjan Gogoi J |
| SECTION(S): | 28, 4, 45, 48, 56 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | capital vs. revenue receipt, mutuality |
| COUNSEL: | Preetesh Kapur |
| DATE: | August 9, 2016 (Date of pronouncement) |
| DATE: | September 21, 2016 (Date of publication) |
| AY: | 1996-97 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Refundable deposits received by a housing company for allotment of flats and future maintenance is business income. However, share capital received for allotment of flats is a capital receipt and not income. The principles of mutuality does not apply to such transactions | |
The Karnataka High Court held, following Shree Nirmal Commercial vs. CIT 193 ITR 694 (Bom) and 213 ITR 361 (FB), that share capital and refundable deposits received by a housing company from its shareholders in consideration of allotting area to them is assessable as business profits. It was also held that the principles of mutuality are not applicable. It was also held that deposits received from the shareholders for future maintenance is assessable as business income. On appeal to the Supreme Court HELD
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