1993 (7) TMI 10 - HC - Income Tax

Summary

Issues Involved:
1. Whether the assessee is a mutual concern.
2. Whether the income derived by the assessee from subscription and admission fees is liable to be taxed under the Income-tax Act, 1961.

Summary:

Issue 1: Whether the assessee is a mutual concern.
The assessee, a trade association, claimed to be a mutual concern, arguing that the subscription received from its members was not liable to income-tax. The Commissioner of Income-tax (Appeals) and the Tribunal had differing views on this matter. The Tribunal, relying on various High Court decisions, upheld the assessee's contention that it is a mutual association. The High Court reviewed clause 73 of the articles of association, which gives members discretion over the disposal of surplus funds upon dissolution. The Court concluded that this clause does not destroy the principle of mutuality, as the members retain the right of disposal over the surplus, thereby maintaining the identity between contributors and participators.

Issue 2: Whether the income derived by the assessee from subscription and admission fees is liable to be taxed under the Income-tax Act, 1961.
The Income-tax Officer had subjected the entire amount of subscriptions and admission fees to tax for the assessment years 1975-76, 1978-79, and 1981-82. The Tribunal, however, held that the income from subscription and admission fees is not liable to tax, as the assessee is a mutual concern. The High Court agreed with the Tribunal, stating that the principle of mutuality is not nullified by the clause regarding the disposal of surplus funds. The Court emphasized that the members' right to decide on the disposal of surplus funds at the time of dissolution does not affect the mutuality principle. Therefore, the income derived from subscription and admission fees is not taxable.

Conclusion:
The High Court answered the question in the affirmative and in favor of the assessee, confirming that the assessee is a mutual concern and that the income derived from subscription and admission fees is not liable to be taxed under the Income-tax Act, 1961. There will be no order as to costs.