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Supreme Court of India 2020-09-08 allowed

M/S BANGALORE CLUB vs THE COMMISSIONER OF WEALTH TAX & ANR

Bench: 3 — R. F. Nariman, Navin Sinha, Indira Banerjee

In Brief

The Supreme Court held that the Bangalore Club, a social club established in 1868, is not liable to wealth tax under Section 21AA of the Wealth Tax Act. The Court ruled that Section 21AA applies only to associations of persons where members voluntarily combine for a business or profit-making purpose and have indeterminate shares. A social club providing recreational facilities for mutual benefit does not constitute such an association. Additionally, the Court found that even if the club were an association, members' shares are determinate under club rules, as liquidation rules provide equal distribution of surplus assets to all members, thereby excluding the club from Section 21AA's scope.

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Wealth Tax Tax Law Association of Persons Statutory Interpretation Social Clubs Tax Evasion Prevention Determinacy of Shares Liquidation and Distribution Cognate Legislation Doctrine

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