9911796707
TMI Blog1964 (3) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee is the India Pepper and Spice Trade Association, Cochin. The assessment year 1958. 2. The reference is in pursuance of an application by the assessee. The question referred is : Whether the laga collected by the association as per bye-law 207 had been rightly brought to tax under the provisions of the Income Tax Act, 1922 ? Bye-law 207 of the bye-laws of the association is e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (1) of section 10 of the Act provides that the tax shall be payable by an assessee under the head Profits and gains of business profession or vocation in respect of the profits or gains of any business, profession or vocation carried on by him and sub-section (6) that : A trade, professional or similar association performing specific services for its members for remuneration definitely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but for this payment, the member would not have a claim for the enforcement of the contract, settlement of differences, surveys, arbitrations, appeals and other procedures. We, therefore, hold that the department is right in including this sum as taxable income. The conclusion of the Appellate Tribunal, as summarised in paragraph 8 of the statement of the case, is as follows : (i) That the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the membership of the association. And so far as we can see it is nothing else other than an overall charge for all the services performed by the association in respect of the buying and selling of pepper over and above the separate fees prescribed for many of those services. 7. It is unnecessary to discuss the decisions cited at the Bar as the conclusion in this case has to be depend entirel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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