Law:

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Section 3 of the Wealth-Tax Act, 1957 - Charge of tax - Assessment year 1962-63 - Whether in view of decisions in Orient Club Vs. CWT [1982] 136 ITR 697 and Willingdon Sports Club Vs. C.B. Patil, Third Addl. WTO [1982] 137 ITR 83, assessee club was not an assessable entity under the Act and, therefore, could not be taxed as such - Held, yes FACTS The Tribunal held that for the purposes of the Act, the assessee club was not an association of persons and it was chargeable to tax as individual On reference : HELD In view of the s of the jurisdictional High Court in Orient Club v. CWT [1982] 136 ITR 697 and Willingdon Sports Club v. C.B. Patil, Third Addl. WTO [1982] 137 ITR 83, it was to be held that the assessee club was not an assessable entity under the Wealth-tax Act and could not, therefore, be taxed as such. Note: Decision was in favour of assessee. CASE REVIEW Orient Club v. CWT[1982] 136 ITR 697 (Bom.), Willingdon Sports Club v. C.B. Patil, Third Addl. WTO[1982] 137 ITR 83 (Bom.) and Orient Club v. WTO[1980] 123 ITR 395 (Guj.)followed and relied upon. CASES REFERRED TO Orient Club v. CWT [1982] 136 ITR 697 (Bom.), Willingdon Sports Club v. C.B. Patil, Third Addl. WTO [1982] 137 ITR 83 (Bom.), Orient Club v. WTO [1980] 123 ITR 395 (Guj.), Coimbatore Clubv. WTO [1985] 153 ITR 172 (Mad), CWT v. B.C. Gupta and Sons Ltd. [1990] 182 ITR 240 (Gau.),CWT v. Trustees of H.E.H. Nizams' Family (Remainder Wealth) Trust [1977] 108 ITR 555 (SC) andTrustees of Gordhandas Govindram Family Charity Trust v. CWT [1973] 88 ITR 47 (SC). I.M. Munim and S.J. Mehta for the Applicant. G.S. Jetley, P.S. Jetley and K.C. Sidhwa for the Respondent. JUDGMENT T.D. Sugla, J.-This is the assessee's reference. It relates to the assessee's wealth-tax assessments for the assessment years 1962-63 to 1970-71. The questions of law referred to this court by the Tribunal are : "1.Whether, on the facts and in the circumstances of the case, the assessee, in the context of the Wealth-tax Act, 1957, can be termed as a 'body of individuals' or as an association of persons ? 2.If it can be termed as a 'body of individuals', then, can it be charged to wealth-tax on the footing that it constitutes an…

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