2002 (9) TMI 53 - HC - Income Tax

Mutual Concern - 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the principle of mutuality is not satisfied in this case? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that income arises only from those who have taken loans and hence the right to receive a portion of the income by those who have not taken the loans but have made deposits to the assessee vitiates the principle of mutuality? 1. Whether, the Tribunal was right in law in allowing the assessee s claim for deduction of interest on the deposits to the members of the society for the assessment years 1989-90 to 1991-92? - 2. Whether the Tribunal was right in law and had valid materials to hold that the assessee had satisfied the test of mutuality for the assessment year 1991-92 and accordingly its income is eligible for exemption for the assessment year 1991-92 on that basis?

Issues Involved:
1. Principle of mutuality and its satisfaction.
2. Income arising from loans and its impact on mutuality.
3. Operative date of amended rule 57(b).
4. Deduction of interest on deposits for certain assessment years.
5. Satisfaction of the test of mutuality for the assessment year 1991-92.

Detailed Analysis:

1. Principle of Mutuality and Its Satisfaction:
The court examined whether the principle of mutuality was satisfied by the assessee, Wankaner Jain Social Welfare Society. The principle of mutuality, as laid down by the Supreme Court in CIT v. Kumbakonam Mutual Benefit Fund Ltd., requires complete identity between the contributors to the common fund and the participants in the profit. The court noted that the society's members were required to make deposits but were not obligated to take loans. Therefore, the income from interest on loans was derived only from those members who borrowed, breaking the identity between contributors and participants. The court held that the principle of mutuality was not satisfied in this case.

2. Income Arising from Loans and Its Impact on Mutuality:
The court analyzed whether the income arising from loans affected the principle of mutuality. It was found that the interest income was received only from members who borrowed from the society, while the profits were distributed among all members, including those who did not borrow. This lack of identity between contributors (depositors) and participants (borrowers) led the court to conclude that the principle of mutuality was vitiated.

3. Operative Date of Amended Rule 57(b):
The court considered whether the amended rule 57(b), which was introduced on July 1, 1990, should have retrospective effect. The court rejected the argument for retrospective application, stating that an unincorporated body cannot alter terms retrospectively after assessments have been made to avoid tax liability. Therefore, the amendment could only have prospective effect.

4. Deduction of Interest on Deposits for Certain Assessment Years:
For the assessment years 1989-90 to 1991-92, the court addressed whether the Tribunal was correct in allowing the assessee's claim for deduction of interest on deposits to members. The court ruled in favor of the assessee, stating that the interest paid on deposits was a legitimate expenditure deductible in computing profits.

5. Satisfaction of the Test of Mutuality for the Assessment Year 1991-92:
The court examined whether the assessee satisfied the test of mutuality for the assessment year 1991-92. It was determined that after the introduction of rule 57(b), there was complete identity between contributors and participants, thereby attracting the doctrine of mutuality. Consequently, the assessee's income for that year was eligible for exemption based on mutuality.

Conclusion:
The court answered the questions referred at the instance of the assessee against the assessee and in favor of the Revenue. Conversely, the questions referred at the instance of the Revenue were answered in favor of the assessee and against the Revenue. The court upheld the deduction of interest on deposits and recognized the satisfaction of mutuality for the assessment year 1991-92 post the introduction of rule 57(b).

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