Hyderabad Stock Exchange Ltd.,, ... vs Assessee
Investors Club, Trichur Vs. CIT (2008-09) (318 ITR 427 (Ker.)
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1 - 6 of 6 (0.96 seconds)The Bombay Presidency Golf Club Ltd, ... vs Ito (E) 1(1), Mumbai on 24 September, 2018
Commissioner Of Income Tax vs M/S.All India Skin & Hide Tanners on 4 December, 2019
6.In view of the submissions made by the learned counsel
appearing on behalf of the appellant and also in view of the Circular
No.17/2019 dated 08.08.2019 issued by the Director, Central Board of
Direct Taxes, Delhi, these Tax Case Appeals are dismissed on account
of tax effect. However, the substantial questions of law framed is
left open. In the event the tax effect is above the limit fixed in the
said circular, liberty is granted to the Revenue to make a mention to
this Court to restore the appeals to be heard and decided on merits.
No costs. Consequently, connected Miscellaneous Petitions are
closed.
Sahayatha Prohibition & Excise ... vs Commissioner Of Income Tax, ... on 25 February, 2021
6. Mr. Moharana lastly pointed out that these assessees
have also claimed themselves as covered under "mutuality"
principle. We quote Investor's Club Trichur Vs. CIT [2008]
318 ITR 427 (Kerala) holds that once assessees' themselves
have sought registration as carrying charitable activity u/s
2(15) rws 12AA of the Act, mutuality principle do es not
apply. We thus direct the department that not to treat the
assessees as eligible for mutuality benefit in view thereof.
Commissioner Of Income Tax vs The All India Skin & Hide on 22 April, 2021
5.In the light of the said submissions, the above Tax Case Appeal
is dismissed as withdrawn on account of the Low Tax Effect. The
substantial questions of law framed are left open. In the event the tax
effect in this case is above the threshold limit fixed in the said
Circular, liberty is granted to the Revenue to make a mention to this
Court to restore the appeal to be heard and decided on merits. No costs.
The Kennel Club Of India, Chennai vs Assessee on 11 June, 2013
This leaves us with the issue of 'mutuality' assailed by
the Revenue by arguing that CIT(Appeals) has wrongly allowed
the assessee benefits under the same. A perusal of the case law
in Investors Club (supra) makes it clear that in principle, the plea
of mutuality cannot be raised by a trust or for that matter, a
charitable institution under sec.12A of the Act. Following the
same reasoning which reads as under:-
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