CIT v. Bankipur Club Ltd.

226 ITR 97Supreme Court of India1997#831 most cited

What is CIT v. Bankipur Club Ltd. authority for?

The doctrine of mutuality applies only when there is complete identity between the contributors to a common fund and the participants in its surplus. Income received from non-members or distinct classes of members who do not share this identity is not covered by mutuality and is taxable.

125

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2000 to 2026.

Also referred to as

CIT v. Bankipur Club Ltd. · 226 ITR 97 · doctrine of mutuality · mutuality principle · identity of contributors participants · associate members · non-members income · Section 80P · co-operative society tax · clubs taxation · surplus distribution

Issues it is cited on

Judgments citing CIT v. Bankipur Club Ltd.

M/S., Madras Boat Club, Chennai vs. ACIT, CC - 4 (1), Chennai

ITA 2748/CHNY/2019[2013-14]Status: DisposedITAT Chennai06 Jan 2021AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.2748 & 2749/Chny/2019 िनधा"रण वष" /Assessment Years: 2013-14 & 2015-16 M/S. Madras Boat Club, Vs. The Assistant Commissioner Of No. 2, 3Rd Avenue, Boat Club Road, Income Tax, Raja Annamalai Puram, Corporate Circle 4(1), Chennai 600 028. Chennai – 600 034 [Pan: Aagcm1107P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से /Respondent By : Shri G. Chandrababu, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 23.12.2020 घोषणा की तारीख /Date Of Pronouncement : 06.01.2021 आदेश / O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-8, Chennai Dated 20.08.2019 Relevant To The Assessment Years 2013-14 & 21015-16. Besides Challenging Confirmation Of The Addition Of ₹.1,26,10,000/- In The Assessment Year 2013-14 & ₹.78,00,000/- In The Assessment Year 2015-16 Being The Entrance Fees Collected From Members Having No Voting Rights Under The Head Income From Business, In The Grounds Of Appeal, The Assessee Also Disputed The Addition Of ₹.2,30,727/- Being Surplus Income Over Expenditure As Well As Addition Of ₹.37,66,492/- Being The Interest Income Under The Head Income From Other Sources For The Assessment Year 2013-14 & The Claim Of Loss

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri G. Chandrababu, Addl. CIT
Section 25

…essee company and the ld. CIT(A) confirmed the above addition by following the decision of the Hon’ble Supreme Court in the case of Citizen Co- operative Limited v. ACIT (supra) by holding that the old decision i.e., in the case of CIT Vs. Bankipur Club Ltd., 226 ITR 97 (SC) is deemed to have been over-ruled by the decision in the case of Citizen Co-operative Limited v. ACIT (supra), which has redefined the principles of mutuality and taxation of revenue generated from non-voting associate members of any cooperative society. 5.1 We have perused the decision in the case of Citizen Co-operative Limited v. ACIT (su…