1 itxa4186-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4186 OF 2009 The Commissioner of Income Tax - 21, Mumbai ..Appellant. Versus Jaihind Co-op. Housing Society Limited ..Respondent. Ms.Suchitra Kamble for the appellant. Mr.F.V. Irani i/by Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. DATE : 7th March, 2011. P.C. : 1. The question raised in this appeal is whether the Tribunal was justified in holding that the amount received by the Society on account of TDR premium for use of additional FSI is not taxable on the ground of mutuality. The Tribunal following its decision in the case of ITO V/s. Ashoknagar Coop. Housing Society Limited in Income Tax Appeal No. 964/Mum/2002 has allowed the claim of the assessee. 2. Learned counsel for the Revenue states that the facts in the present case are similar to the facts in the case of Ashoknagar Coop. Housing Society Limited and that the decision of the Tribunal in the case of 2 itxa4186-09 Ashoknagar Coop. Housing Society Limited has been accepted by the Revenue. Having accepted the decision of the Tribunal in the case of Ashoknagar Coop. Housing Society Limited, why the present appeal is filed has not been explained. 3. The appeal is accordingly dismissed. No costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)