Tuesday, May 12, 2015

Contribution made to mutual concerns by non-members for commercial reasons, can’t be taxed

[2015] 56 taxmann.com 466 (Mumbai - Trib.)
IN THE ITAT MUMBAI BENCH 'B'
Deputy Commissioner of Income-tax -1(1)
v.
Bombay Gymkhana Ltd.

 Section 4 of the Income-tax Act, 1961 - Mutual concern - Assessable as (Mutual association) - Assessment year 2007-08 - Assessee, a mutual association, received certain sum from non-members by way of sponsorship for various events organised by assessee for mutual benefit of members - Companies made contribution for sales promotion while objective of assessee in receiving contributions was to meet part of expenditure incurred in organizing events - Moreover, there was no intention to earn any income out of abovesaid contributions - Whether said contribution could not be taxed as income in hands of assessee - Held, yes [Para 6][In favour of assessee]

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