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Issues Involved:
1. Whether the assessee, an association of members running a club, is an assessable entity under the Wealth-tax Act, 1957. 2. Interpretation of the term "individual" under section 3 of the Wealth-tax Act. 3. Applicability of allied fiscal legislations and judicial pronouncements to the interpretation of the Wealth-tax Act. Detailed Analysis: Assessable Entity under the Wealth-tax Act: The primary issue was whether the assessee, an association of members running a club and registered under the Karnataka Societies Registration Act, 1960, is an assessable entity under the Wealth-tax Act, 1957. The Appellate Tribunal held that the assessee is not an assessable entity and that the Act does not govern it. The Tribunal also found that the assessee is not a trust, and thus, the provisions taxing trusts are not applicable. Interpretation of "Individual" under Section 3: The Revenue contended that the term "individual" in section 3 of the Wealth-tax Act includes a plurality of individuals, such as an association of persons, making the assessee liable to be assessed. However, the assessee argued that fiscal legislation deliberately omits associations of persons from the purview of section 3. The court noted that under the Indian Income-tax Act, 1922, and the Income-tax Act, 1961, the term "person" is defined inclusively to cover various entities, including associations of persons. However, the Wealth-tax Act specifically mentions only individuals, Hindu undivided families, and companies. Allied Fiscal Legislations and Judicial Pronouncements: The court referred to allied fiscal legislations like the Gift-tax Act, 1958, which defines "person" to include associations of persons explicitly. The court also considered judicial pronouncements from various High Courts. The Gujarat High Court in Orient Club v. WTO [1980] 123 ITR 395 and the Calcutta High Court in Royal Calcutta Turf Club v. WTO [1984] 148 ITR 790 held that an association of persons is not an assessable entity under the Wealth-tax Act. Conversely, the Madras High Court in Coimbatore Club v. WTO [1985] 153 ITR 172 took a different view, interpreting "individual" to include associations of persons. The court emphasized that Parliament had opportunities to amend the Wealth-tax Act to include associations of persons but chose not to, indicating a deliberate legislative intent. The court also noted that under section 2(h) of the Act, the term "company" can include associations of persons if declared so by the Board, further indicating that associations of persons are not inherently taxable under section 3. Conclusion: The court concluded that the term "individual" in section 3 of the Wealth-tax Act does not include associations of persons or bodies of individuals. This interpretation is consistent with the legislative intent and supported by judicial precedents from the Gujarat and Calcutta High Courts. The question referred was answered in the affirmative and against the Revenue, affirming that the assessee is not an assessable entity under the Wealth-tax Act.
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