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2010 (8) TMI 210 - HC - Income TaxGeneral Public Utility u/s 2(15) - Truck operators association - registration under section 12AA - association on compulsory payment of the amount - mandatory subscription - form of donation - welfare of the truck operators, their drivers, cleaners mechanics only – Held that: - On analysis of the objects of the union for which it was constituted, it was discerned that the surplus funds of the trade union could be distributed among the members at the time of its dissolution. In other words, it was held that the rules and regulations do not impose a legal obligation on the assessee or its members to hold the income of the assessee only for charitable purposes and the element of private gain could not be excluded. The union was, thus, held not to be a charitable institution.
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