1967 (6) TMI 4 - HC - Income Tax

Assessee-company - mutual benefit society - members who contributed to the profits and the participants in the distribution of profits are not identical and there was no question of mutuality - exemption cannot be granted

Summary

Issues:
1. Whether the income of the assessee-company is exempt from tax?

Detailed Analysis:
The case involved a public limited company claiming tax exemption as a mutual benefit society. The company's objects included facilitating savings for shareholders, providing safe investments, granting loans, and other related activities. The company argued that, under the rule of mutuality, where all members contribute to a common fund for mutual benefit without external dealings, no profits are made. However, the Income-tax Officer rejected the claim, stating that the company, being a separate legal entity from its shareholders, did not meet the criteria of mutuality. The Appellate Assistant Commissioner upheld this decision.

The Income-tax Tribunal, referencing precedents, initially allowed the company's appeal based on similar cases where income of societies was deemed non-taxable. However, subsequent developments, including a Supreme Court ruling, clarified that the principle of mutuality requires complete identity between contributors and participants in a common fund. The Supreme Court held that if profits are distributed to shareholders, the principle of mutuality is not satisfied. Applying this principle to the present case, where contributors and profit participants were not the same, the court answered the question in the negative, favoring the tax department.

Despite the change in legal interpretation due to the Supreme Court ruling, the court acknowledged the previous favorable decisions for the assessee in the Madras and Andhra Pradesh High Courts. Considering the evolving legal landscape, the court decided not to award costs in the interest of justice. Therefore, the court's decision was against the assessee, emphasizing the lack of mutuality in the company's operations, leading to the denial of tax exemption.