In Brief
This case concerns the Income Tax Act, 1961, and whether a marketing and advertising subsidiary of Yum! Restaurants qualifies for tax exemption under the doctrine of mutuality. The subsidiary collected funds from Pepsi Foods Ltd. and franchisees for advertising and marketing activities. The Supreme Court held that mutuality requires membership in the mutual concern and a right to participate in surplus. Since Pepsi Foods Ltd. was not a franchisee, it could not be a member and thus had no rights in any surplus. Additionally, the subsidiary's unilateral discretion over fund management violated the core principle of mutuality. The Court dismissed the appeal, upholding the tax demand against the company, while allowing pursuit of a pending rectification application."
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