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2017 (5) TMI 68 - AT - Income TaxInterest earned on Fixed Deposits with bank - taxability - interest received from non-members - principle of mutuality - Held that - There is no dispute that assessee is allowed the benefit of mutuality to the extent of incomes earned amongst the members. The issue is with reference to the interest earned from the bank which is not a member of the Society. As in assessee s case, the bank is not even a member of the society. The nature of the transaction between the assessee and the bank would disqualify application of the principle of mutuality. Therefore, the transactions with the bank who is not even a member of the society cannot be considered as a transaction for which principles of mutuality will apply. Not only on the principles laid down in the subject but also on the fact that the interest was received from a non-member, the principles of mutuality do not apply. The orders of the AO and CIT(A) are accordingly upheld both on facts as well as on principles of law. Find no merit in assessee s grounds and accordingly, the same are dismissed.
Issues Involved:
1. Taxability of interest earned by the assessee on Fixed Deposits with banks. 2. Application of the principle of mutuality to the interest income. Detailed Analysis: Taxability of Interest on Fixed Deposits: The primary issue in this appeal is whether the interest earned by the assessee on Fixed Deposits (FDs) with banks is taxable. The assessee, an Association of Persons (AOP), engages in activities for the mutual benefit of its members, primarily collecting money from members and providing it to needy members. The income of the society is generally considered exempt from tax based on the principle of mutuality. However, the Assessing Officer (AO) observed that the assessee had deposited its funds in FDs with banks and had not offered the interest earned on these deposits to tax. The AO, referencing various judicial precedents including CIT Vs. Bankipur Club Ltd., Chemsford Club Vs. CIT, and CIT Vs. Cawnpore Club Ltd., brought an amount of ?32,53,654/- to tax, concluding that the interest income did not qualify for exemption under the principle of mutuality. Principle of Mutuality: The assessee argued before the Commissioner of Income Tax (Appeals) [CIT(A)] that the interest earned on FDs should be exempt under the principle of mutuality, as the funds deposited in the bank originated from members. The CIT(A) examined the balance sheet and profit and loss account, confirming the AO's addition of the interest income to taxable income. The CIT(A) reasoned that since the interest was earned from a bank, which is not a member of the society, the principle of mutuality did not apply. The CIT(A) upheld the AO's decision, stating that the excess income and proposed dividends should be taxed as income earned by the appellant. Judicial Precedents and Legal Principles: The Tribunal considered the rival contentions and reviewed the orders of the authorities. It was noted that the Supreme Court in CIT Vs. Bankipur Club Ltd. had established that for the principle of mutuality to apply, there must be complete identity between the contributors and the participators. The Tribunal highlighted that subsequent judgments have clarified that interest received from non-members does not fall under the principle of mutuality. The jurisdictional High Court in CIT Vs. Secunderabad Club, Picket, and Armed Forces Officers’ Co-operative Housing Society Ltd. adjudicated that the nature of transactions between the assessee and banks disqualifies the application of the principle of mutuality. The High Court held that interest earned on FDs with banks is taxable, as the relationship between the club and the bank is that of creditor and debtor, not mutual contributors and participators. Conclusion: The Tribunal concluded that the principle of mutuality does not apply to the interest earned on FDs with banks, as the bank is not a member of the society. The Tribunal upheld the orders of the AO and CIT(A), affirming that the interest income from non-members is taxable. The assessee's grounds were dismissed, and the addition of the interest income to taxable income was confirmed. Order Pronouncement: The order was pronounced in the open court on 28th April, 2017.
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