.../s. Pathara & Associates and remitted the issue to the file of the A.O. to decide the issue afresh in the light of the above direction given by the Tribunal in the said ..., 1961 by disallowing deduction u/s 80IB(10) of the I.T Act, 1961 in respect of the corpus fund charges of Rs. 12,70,245/- include in Miscellaneous income of Rs. 29,76,380/- is bad in law...of Corpus fund, in full or in part, is subsequently paid by the assessee to the Society or its occupants individually or jointly or in any other way, then such amount cannot be considered as income...

...-13) M/s. Bhoomi Realtors 3. Ld. Counsel for the assessee submits that identical issue has been decided by the Coordinate Bench of this Tribunal in the case of ACIT v. M/s. Evershine Bu...) in deleting the same. The grounds taken by the revenue are therefore rejected. 6. On a perusal of the order of the Tribunal, it can be observed that the .... Whether on the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in deleting the addition of Rs.6,17,050/- made by the Assessing Officer on account of ...

.../association of the apartment complex and there is also an undertaking given by the builder namely the respondent herein that they would handover the corpus fund available with t...and the respondent, it was agreed that the corpus fund collected by the respondent from the owners of the 80 apartments would be handed over to the Association once it i...reluctant to handover the corpus fund to the Association. In the light of this dispute, the petitioner Association had issued a notice naming the Sole Arbitrator as per the provi...

...opponents who are builder/developers have not discharged their contractual obligations by not paying corpus fund to the members of the society aggregated to Rs.27,50,000/- under registered...the registered development agreement to settle the corpus fund and other monetary relief incorporated in the development agreement which were made available to the individual members...Thirty Eight Lakhs Seventeen Thousand Three Hundred Seventy One only) as detailed below:- (i) Corpus fund payable to the complainants/original member @Rs.2,50,000/- x 11 members...

...additional rent per month from March 2012. Complainant prayed for Rs.3 Lakhs as corpus fund as Rs.2 Lakhs were already paid. 2. Opponent No.1/builder resisted the complaint by filing...agreed to give corpus fund of Rs.5 Lakhs to each of the members of the Society. However, it was subsequently agreed by the Society to waive corpus fund completely. However, oppon...Lakhs as corpus fund. It was contended by the opponent that building completion certificate cannot be obtained because of want of NOC from the Society. Opponent has contended that there is no...

...additional rent per month from March 2012. Complainant prayed for Rs.3 Lakhs as corpus fund as Rs.2 Lakhs were already paid. 2. Opponent No.1/builder resisted the complaint by filing...agreed to give corpus fund of Rs.5 Lakhs to each of the members of the Society. However, it was subsequently agreed by the Society to waive corpus fund completely. However, oppon...Lakhs as corpus fund. It was contended by the opponent that building completion certificate cannot be obtained because of want of NOC from the Society. Opponent has contended that there is no...

...to the Apartment Owners Association at the time of completion of two years maintenance period. However the builder is entitled to deduct the dues if any towards monthly maintenance from the maint...will be taken over by the Apartments owners association and as per clause-3 of the agreement the builder shall transfer the corpus fund to the association at ...responsible for the maintenance for the complex. One additional condition was also incorporated in the supplemental agreement which reads the builder shall transfer the corpus ...

...compensation. In case, compensation @ Rs.50/- per square feet , per month of the super area of the unit , was not to be paid to the complainant and was to be deposited in the Corpus Fund, to be ma..., was not to be paid to the complainant, but the same was to be deposited, in the Corpus Fund, for the purpose of maintenance etc. He further submitted that the Distr ict Forum was right ...for the respondents/Opposite Part ies, that amount of compensation @Rs.50/- per square feet , per month of the super area of the unit , for delay, was to be deposited in the Corpus Fund, for ...

...in grounds no.2 and 3, raised in assessee"s appeal, is pertaining to the addition on account of corpus fund and rent for alternate accommodation received by the assessee from the Developer/...Constructions Pvt. Ltd. In response thereto, the assessee submitted that amount of Rs.64 lakhs is a corpus fund and therefore, it is a capital receipt and is not taxable. The Assessing Officer ("AO...income of the assessee. Accordingly, the AO made an addition of the sum of Rs.64 lakhs received by the assessee from the Developer/Builder as „Income from Other Sources". A...

...in grounds no.2 and 3, raised in assessee"s appeal, is pertaining to the addition on account of corpus fund and rent for alternate accommodation received by the assessee from the Developer/...Constructions Pvt. Ltd. In response thereto, the assessee submitted that amount of Rs.64 lakhs is a corpus fund and therefore, it is a capital receipt and is not taxable. The Assessing Officer ("AO...income of the assessee. Accordingly, the AO made an addition of the sum of Rs.64 lakhs received by the assessee from the Developer/Builder as „Income from Other Sources". A...

...construction in respect of certain issues raised in the complaint which is liable to be carried out by the opposite 8 party. It is found that...plan if not provided not earlier and further stated that the formation of association and property tax assessment is not within the scope of agreement and he has not collected any corpus fund or charges... BY PRESENT THIRU. G.VINOBHA, M.A., B.L. : PRESIDENT This complaint has been filed by the complainant against the opposite party under secti...

...evidence for payment of the service tax of Rs.1,15,690/-. The Opposite Party is also demanding Rs.40,000/- towards corpus fund. As per the mail correspondence made by the representative o...other words, the builder is nothing to do with the corpus fund and maintenance charges. Ex.A7 reveals...-23 of the Agreement the complainants shall pay a sum of Rs.40,000/- as corpus for a Row house. The unit purchased by the complainants is in the row house and hence they are liable to pay...

...opposite party has admitted deficiency in service and defective construction in respect of certain issues raised in the complaint which is liable to be carried out by the opposite party. It is found that the format...agreement and he has not collect any corpus fund or charges for the same and regarding car parking issue a discussion with flat owners will be arranged by the opposite party hence under Ex.A22 and A24 ...convene a meeting of all the flat owners for farming an association which is the duty of the builder as per the real estate regulation rules and since the various requests and defects pointed out ...

...rent per month from March 2012. Complainant prayed for Rs.3 Lakhs as corpus fund as Rs.2 Lakhs were already paid. 2. Opponent No.1/builder resisted the complaint by filing written...contended that initially it was agreed to give corpus fund of Rs.5 Lakhs to each of the members of the Society. However, it was subsequently agreed by the Society to waive corpus .... However, opponent is ready to give Rs.2 Lakhs as corpus fund. It was contended by the opponent that building completion certificate cannot be obtained because of want of NOC from the Society. Opponent ha...

...area, Wherein one of the condition is monthly maintenance charges are payable @ per Square foot for one year as the Builder will be maintaining the flats and will hand over the Maintenance to the .... The Builder has already charged (0.75 % + 0.25%) = 1% Corpus Fund per Square Feet which covers (a) above and the fund will be given to the Society by the ...Maintenance to the Society along with Corpus Fund after it is Formed. However, charging monthly Common Area Maintenance charges per Square Foot is against a decided Case Law...

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...purchasers and it is also seen that each villa owner has paid an amount of Rs.2,50,000/- towards corpus fund lying with the Opposite Party No.1 who being the builder cum developer. By this time, ...is submitted that, the clause E of the agreement of sale dated 20th January, 2011 wherein it is clearly stated that the Corpus Fund is interest free and would be held by the Opposite Part...also become the members of the Association, he would be transferring corpus fund to the society with proper accounts and finally stated that as on date none of the issues/deficiency as alleged ...

...amount and not the complainant association. PW1 himself admitted that no complaint was given by the individual flat owners stating that the corpus fund given to the builder was n...amount totalling Rs.10,01,700 /- had to be handed over to the owners association on its formation. But the amount was appropriated by the opposite party. A list of 17 members from whom corpus fund...Apartment Owners, Rs.55,980/- each from the C Type Apartment Owners and Rs.59,940/- each from the D Type Owners towards corpus fund intended for the upkeep and maintenance of the Swapnil Apartment...

.... Narendranath in ITA No. 48/Hyd/2013 (AY. 2008-09) dt. 26-11-2014, the issue is with reference to adopting sale consideration. There, the facts indicate that the land owner has to pay corpus fund, infrast...paid towards infrastructure expenditure and corpus fund etc., were allowed to be deducted. In that context, while determining the ‘full value of consideration’, it was held that it was an obligation...B. Ramakotaiah, A.M.:— Both are Revenue's appeals for the A.Y. 2010-11 and 2009-10 respectively. Since common issue is involved, these are heard together and disposed-of by this common...

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