IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINIARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 92 OF 2008 WITH INCOME TAX APPEAL NO. 93 OF 2008 WITH INCOME TAX APPEAL NO. 206 OF 2008 Shyam Cooperative Housing Society Ltd, 51, Bhulabhai Desai Road, Mumbai 400 026 ... Appellant Versus The Commissioner of Income Tax, Mumbai City – XVI, Matru Mandir, Tardeo, Mumbai 400 034 ... Respondent Ms. Ansifa Khan for Appellants. Mr. Vimal Gupta with Mr. Suresh Kumar, Mrs. Anuradha Mane, Mr. P.S. Sahadevan and Mrs. Devki Iyer for Revenue. CORAM : FERDINO I. REBELLO & J.H. BHATIA,JJ. DATED : JULY 17, 2009 P.C. The question framed in all these appeals is as under : “Whether on the facts and in the circumstances of the case any part of transfer fees received by the assessee societies – whether from outgoing or incoming members – is not liable to tax on the ground of mutuality?” In Income Tax Appeal No. 92, 93, 2006 of 2008 in addition it is submitted that the demands are in respect of the assessment years 1999-2000, 2000-2001, 2001-2002. The transfer premium was charged based on the Government circular dated 27.11.1989 and 20.12.1989. It is submitted that clause 40(d)(7) of the Model bye laws drafted on 2.7.2001 and the circular dated 9.8.2001 were therefore, not applicable to the case of the appellant. By our judgment dated 17th July, 2009 in Income Tax Appeal No. 931 of 2004 in the case of Sind Coop. Hsg. Soc. Versus The Income Tax Officer, we have held that both contributions by the outgoing and incoming members are subject to principle of mutuality. We have also discussed the effect of the Government Circular dated 27.11.1989 and 20.12.1989. In the light of that, the question has to be answered in the affirmative in favour of the assessee and against the revenue. (J.H. BHATIA,J.) (FERDINO I. REBELLO,J.)