2002 PLP 510 (PTD)
COMMISSIONER OF WEALTH TAX and another Versus BOMBAY CRICKET ASSOCIATION
| Citation | 2002 PLP 510 (PTD) |
| Forum / Court | 250 I T R 863 |
| Bench Members | S. P. Bharucha, N. Santosh Hegde and Y.K. Sabharwal, JJ |
| Parties | COMMISSIONER OF WEALTH TAX and another Versus BOMBAY CRICKET ASSOCIATION |
| Primary Law | Wealth tax |
Q1: What are the key laws and sections cited in 2002 PLP 510 (PTD)?
This judgment primarily cites: Wealth tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 510 (PTD)?
The case was heard and decided by the 250 I T R 863 bench comprising: S. P. Bharucha, N. Santosh Hegde and Y.K. Sabharwal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 510 (PTD) (COMMISSIONER OF WEALTH TAX and another Versus BOMBAY CRICKET ASSOCIATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Ganesh, Rajiv Tyagi, B:V.B. Das and Ms. Sushma Suri, Advocates for Appellant.
- Shri Narain, Sandeep Narain and Mrs. Anjali Verma, Advocates for Respondent.
Headnotes / Summary
(Appeal by special leave from the judgment and order, dated July 28, 1986 of the Bombay High Court in W. P. No. 1811 of 1982).
Association registered under Bombay Public Trusts Act-- Granted certificate under S.80G of Income Tax Act as established for charitable purposes and under S.10(23) that its income was exempt
Not assessable entity under Wealth Tax Act-- Notice to bring to tax wealth escaping assessment
Invalid
Wealth Tax Act, 1957, Ss.3, ,5(1)(i) & 17
Indian Income Tax Act, 1961, Ss.10(23) & 80G
BombaY Public Trusts Act, 1950. The assessee, an association for promoting the game of cricket was registered under the Bombay Public Trusts Act, 1950 and under the Societies Registration Act, 1860. It was issued a certificate under section 80G of the Income Tax Act, 1961, certifying that it was established for charitable purposes as well as a certificate under section 10(23) of that Act whereby its income was exempt from income tax. The Wealth Tax Officer issued notices under section 17 of the Wealth Tax Act, 1957, seeking to bring to tax its net wealth on the ground that it had escaped assessment for assessment years 1973-74 to 1980-81. On. a writ petition, the High Court declared the notices to be illegal on the grounds: (i) that the properties held by the assessee were held under trust for charitable purposes and, therefore, exempt from a wealth tax in view of section 5(l) of the Wealth Tax Act, and (ii) that the assessee did not fall under any of the categories of taxable entities enumerated in section 3 and, therefore, the assessee was not assessable to wealth tax (see (1987) 166 ITR 336). The Department preferred an appeal to the Supreme Court. The Supreme Court dismissed the appeal. Bombay Cricket Association v. B.R. Sonkar (1987) 166 ITR 356 affirmed.
Judgment & Decree
Association registered under Bombay Public Trusts Act-- Granted certificate under S.80G of Income Tax Act as established for charitable purposes and under S.10(23) that its income was exempt
Not assessable entity under Wealth Tax Act-- Notice to bring to tax wealth escaping assessment
Invalid
Wealth Tax Act, 1957, Ss.3, ,5(1)(i) & 17
Indian Income Tax Act, 1961, Ss.10(23) & 80G
BombaY Public Trusts Act, 1950. The assessee, an association for promoting the game of cricket was registered under the Bombay Public Trusts Act, 1950 and under the Societies Registration Act, 1860. It was issued a certificate under section 80G of the Income Tax Act, 1961, certifying that it was established for charitable purposes as well as a certificate under section 10(23) of that Act whereby its income was exempt from income tax. The Wealth Tax Officer issued notices under section 17 of the Wealth Tax Act, 1957, seeking to bring to tax its net wealth on the ground that it had escaped assessment for assessment years 1973-74 to 1980-81. On. a writ petition, the High Court declared the notices to be illegal on the grounds: (i) that the properties held by the assessee were held under trust for charitable purposes and, therefore, exempt from a wealth tax in view of section 5(l) of the Wealth Tax Act, and (ii) that the assessee did not fall under any of the categories of taxable entities enumerated in section 3 and, therefore, the assessee was not assessable to wealth tax (see (1987) 166 ITR 336). The Department preferred an appeal to the Supreme Court. The Supreme Court dismissed the appeal. Bombay Cricket Association v. B.R. Sonkar (1987) 166 ITR 356 affirmed. S. Ganesh, Rajiv Tyagi, B:V.B. Das and Ms. Sushma Suri, Advocates for Appellant. Shri Narain, Sandeep Narain and Mrs. Anjali Verma, Advocates for Respondent. We have read the judgment and order under appeal and heard learned counsel. There is no merit in the appeal. The Civil Appeal is dismissed. No order as to costs, M. B. A. /1057/FC Appeal dismissed