COMMISSIONER OF INCOME TAX Vs. J K ORGANISATION

JUDGEMENT

(1.) The Tribunal, Allahabad, by separate orders has referred the following two questions of law under Section 256(2) of the IT Act, 1961, hereinafter referred to as the Act, for opinion to this Court.;

(2.) While the Ref. No. 247 of 1987 relates to asst. yrs. 1976-77 to 1978-79, the Ref. No. 248 of 1987 relates to the asst. yrs. 1979-80 and 1980-81.

(3.) Briefly stated that facts giving rise to the present references are that the respondent-assessee, M/s J.K. Organisation Ltd., Kamla Tower, Kanpur, hereinafter referred to as the Organisation, is an AOP. It is registered under the Indian Trade Unions Act, 1926, and its membership is confined to persons whose undertakings in business, trade, industry and agriculture form part of or are connected with the J.K. Group of undertakings or who are trustees under a trust made by any member or members thereof. The main object of the Organisation is to regulate the relations between members and their employees and between members and members. Rule 3 of the rules and regulations, which contained objects is reproduced below :