9911796707
TMI Blog2002 (7) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Appellate Tribunal, Jodhpur Bench, dated February 22, 2002. The appellant has framed as many as nine substantial questions of law in para. No. 10 of the memo of appeal. However, learned counsel has pressed only question Nos. (ii), (iii), (iv) and (v). The said questions as reproduced are as under: "(ii) Whether the income of the excess of receipts over expenditure of the appellant-union wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the limitation for issuing notice under section 143(2) of the Income-tax Act had not expired? (v) Whether, in the facts and circumstances of the case, the income of the appellant-union was not exempted on the principles of mutuality in view of the law laid down by the Supreme Court in the cases of Chelmsford Club v. CIT [2000] 243 ITR 89 and CIT v. Bankipur Club Ltd. [1997] 226 ITR 97?" As regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the truck operators can neither be termed as employees nor they can be termed as employers. The bye-laws of the union have been placed on record as annexure 1. The object of the truck operators' union is to raise the social and economic level of the truck operators with co-operative feeling. The objects clause of the bye-laws in Hindi is extracted as follows: Thus, the appellant-union has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " under section 147 is of great significance. The Tribunal on a perusal of the entire record found that: "...from the perusal of the facts of the case and the legal provisions, it is evident that even if assessments are completed in summary manner under section 143(1)(a) of the Act, the Assessing Officer can reopen the assessment under section 147 of the Act even if the assessee has disclosed all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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