1982 (6) TMI 158

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..... o wealth-tax on the assessee as an AOP is possible, following the decision of the Gujarat High Court in Orient Club v. WTO [1980] 123 ITR 395. Aggrieved by his finding, the department has come up in appeal before the Tribunal. 2. The learned departmental representative submitted that the cancellation of the assessment made in this case by the AAC is not justified. It is argued that the assessee being a trade union registered under the Indian Trade Unions Act, 1926, is chargeable to wealth-tax as an 'individual' and the fact that the status has been wrongly mentioned by the WTO as an AOP does not invalidate the charge. The correct status according to law, it is claimed, in this case is individual and, accordingly, the assessee is chargeabl .....

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..... ions of the parties, we find substantial merit in the department's stand, that the assessee is exigible to wealth-tax assessments and charge. The assessee, as already stated, is an association registered as a trade union under the Indian Trade Unions Act, bearing Registration No. 2/Mds. The objections of the association, inter alia, are (a) to organise and unite all officers of the State Bank of India and to regulate their relations with their employers, (b) to secure to the members fair conditions of life and service, (c) to try to redress their grievances, (d) to try to prevent any reduction of salaries, wages and allowances and if possible, to obtain an advance thereof whenever circumstances allow, and (e) to endeavour to settle disputes .....

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..... perative Societies Act or a company under the Companies Act. The status of the assessee, having regard to these provisions, in our view, can only be an 'individual'. There is ample authority for the proposition that the 'individual' contemplated under the Wealth-tax Act is not necessarily natural human being and can include any person including an idol which has an artificial juridical status and which can constitute an entity---CIT v. Sodra Devi [1957] 32 ITR 615 (SC) and Sri Sri Sridhar Jiew v. ITO [1967] 63 ITR 192 (Cal.). The decision of the Supreme Court in Mammed Kayi also affirm this position in law. Although the case was concerned with the applicability of the Act to Mapilla Marumakkathayam Tarwads of North Malabar, the Supreme Cour .....

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