Supreme Court · 2019 INSC 1111 · Decided 3 October 2019

State of West Bengal & ORS. v. Calcutta Club Limited

Court
Supreme Court of India
Citation
2019 INSC 1111 · [2019] 15 S.C.R. 865
Case number
CIVIL APPEAL No. 4184/2009
Decided
3 October 2019
Bench
R.F. NARIMAN, SURYA KANT, V. RAMASUBRAMANIAN (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 366, 25; Companies Act Section 25; Income Tax Act Section 2(24)(vii), 2(31), 44, 45(2)

Headnote

Doctrines/Principles - Doctrine of Mutuality - Applicability of, after the 46th Amendment to Art.366(29-A) - In C.A. No.4184 of 2009, the assessee-respondent Club, registered u/s.25, 1956 Act was issued notice informing that it had failed to make payment of sales tax and drinks to the permanent members - Respondent contended that there could be no sale by it to its own permanent members, for doctrine of mutuality would come into play - West Bengal Taxation Tribunal held that the respondent is not eligible to tax under the 1994 Act - Affirmed

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