Saturday Club Ltd. v. PCIT (2023) 294 Taxman 459 (Cal.)(HC)

S. 22 : Income from house property-Principle of mutuality-Matter remanded to the Tribunal for fresh decision. [S. 254(1), 260A]

The assessee  is a recreational club. It received   certain sum as rent from Reliance Industries Limited, a corporate member of club, for occupation of a portion of club premises.  Assessing Officer held that sum received by assessee on account of rent was taxable under head  as Income from house property. The Assessee  contened that the principle of mutuality is applicable hence not taxable. The order of the Assessing Officer was affirned by the CIT(A) and Tribunal. On appeal the Court held that no analysis was made of facts, which would go to show whether principle of mutuality was being maintained in subject transaction between club and Reliance and in those orders only conclusions were made with regard to status and transaction between parties. Accordingly  the matter was remanded back to Tribunal for fresh decision by taking into account all disclosures of facts made before adjudicating authorities.  (AY. 2008-09 to 2012-13)