1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.898 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Mehrdad Co-op. Housing Society Ltd. ..Respondent. Mr. P.S. Sahadevan for appellant. Mr. P.S. Jetly for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 23RD SEPTEMBER, 2009. P.C. :- 1. Heard learned counsel for the parties. The appeal was admitted on 22/04/2009 on the following substantial questions of law:- a) Whether in the facts and circumstances of the case and in law the Tribunal erred in deciding whether the amounts received by the Co-op. Housing Society from its members by way of penal interest, transfer fees, etc. will not be the income of the society and hence not taxable ? b) Whether the tribunal is right in ignoring the judgment of this Hon'ble Court reported in 216 ITR 321 in the case of CIT Vs. Presidency Co- Op. Housing Society Ltd. ? 2. Having heard both counsel for the parties, the issues sought to be raised is covered by the judgment in the case Sind Co-op. Housing Society Ltd. V/s. ITO in Income Tax Appeal No.931 of 2004 dated 17/7/2009 of this Court [2009) 26 DTR (Bom) 149] against Revenue. In this view of the matter, the appeal is accordingly dismissed with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)