1987 (7) TMI 7

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..... luntary club. The matter relates to the assessment year 1974-75. The respondent claimed exemption of the income on the doctrine of mutuality. The Income-tax Officer rejected the plea. He held that the rules and bye-laws of the club enabled it to allow non-members to enjoy the facilities of the club. In appeal, the Commissioner of Income-tax referred to the statement of the secretary of the club to .....

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..... nces, it was held that the income of the respondent/assessee is entitled to exemption under the doctrine of mutuality. The Revenue filed an application before the Appellate Tribunal under section 256(1) of the Income-tax Act to refer certain questions of law for the decision of this court. It was declined. Thereafter, this original petition was filed under section 256(2) of the Act praying that th .....

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..... ondent/assessee is entitled to exemption under the doctrine of mutuality. On these premises, the assessee is entitled to exemption. In the light of the above findings, we are of the view that no referable question of law, as formulated in para eight of the original petition, arises for consideration in this case. We decline to direct the Appellate Tribunal to refer the question of law formulated .....

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