BANGALORE URBAN & RURAL DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES MEMBERS AND EMPLOYEES WELFARE TRUST BANGALORE MILK UNION LTD. Vs. THE DIRECTOR OF INCOME TAX (EXEMPTIONS)

JUDGEMENT

(1.) These appeals are preferred by the Assessee, challenging the Order of the Income Tax Appellate Tribunal, 'A' Bench, Bangalore, ['Tribunal' for short], raising the following substantial questions of law.

(2.) The Appellant is a Trust and applied to the Director of Income Tax [Exemptions], respondent herein, for grant of registration under Sec. 12A of the Income Tax Act, 1961, ['the Act', for short] and also for grant of recognition under Sec. 80G[5][vi] of the Act. The respondent rejected the application holding that the Trust exists not for general public or a Sec. of general public, but for the benefit of its Members. Aggrieved by the Order of the respondent, the appellant preferred appeals before the Tribunal. The Tribunal rejecting the contentions of the appellant dismissed the appeals holding that the Appellant -Trust emerges out from the Members involved in a particular commercial activity and exists mainly for the purpose of the well being of the Members of a particular trade/occupation on mutuality concept and there is no enduring benefit to the general public.

(3.) Heard Mr. S. Partharasarathi, learned Counsel for the Appellant -Assessee and Mr. K.V. Aravind, learned Counsel appearing for the Revenue and perused the material on record.