9911796707
TMI Blog1981 (2) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... b, as its very name implies, is 'an AOP and if so, whether an 'AOP' can be assessed and subjected to charge of Wealth Tax as an Individual' within the meaning of the charging section viz. s. 3 of the WT Act, 1957. 2. The WTO treated the assessee as an AOP and assessed it is 'individual' while the first appellate authority held that an 'AOP' was not an assessable entity under s. 3 of the Act sinc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of 'Orient Club' and we cannot add usefully anything on our own since the said judgment is a very comprehensive one covering every conceivable aspect of the proposition also is a detailed one in respect of upto date case law, is very well reasoned—we do respectfully follow the same. 5. That apart, their Lordships of the Hon'ble Punjab and Haryana High Court in the case of 'Meera and Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are necessary to conclude that there is an AOP; it must depend on the particular facts and circumstances of each case as to whether the conclusion can be drawn or not. A joint association and joint perception of income would suffice to give the status of AOP to the assessee's. On the facts of the assessee's case, there is joint association qua the members constituting the assessee club, but there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P'. 9. That apart, the assessee has put in a categorical denial that the net wealth' subject to assessment of charge of tax in its hands was not owned and possessed by it, but both of the lower authorities have not dealt with this aspect of the case. notices were issued under s. 17 of the Act and the onus was on the Revenue to prove that the assessee club did own 'net wealth' which was to be sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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