In Brief
In this landmark case, the Supreme Court addressed whether members' clubs, whether incorporated or unincorporated, must pay sales tax and service tax on supplies to their members. The Court held that the doctrine of mutuality—which recognizes that a member cannot sell or provide services to itself—continues to apply even after the 46th Amendment to the Constitution. Article 366(29-A)(e), which addresses "unincorporated associations or body of persons," does not apply to incorporated clubs (such as companies registered under Section 25 of the Companies Act or cooperative societies). The provision deems supplies by unincorporated clubs to members as sales, but incorporated members' clubs remain exempt. Similarly, service tax does not apply to incorporated members' clubs. The Court rejected the argument that Article 366(29-A)(f)—which taxes food and drink supplies—extends to members' clubs; it applies only to hotels and restaurants. The Court affirmed that Young Men's Indian Association (1970) and the principle of mutuality continue to govern.
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