COMMISSIONER OF WEALTH TAX Vs. MEERUT RACE CLUB

JUDGEMENT

(1.) THE Tribunal, New Delhi, has referred the following questions of law under s. 27(3) of the WT Act, 1957 (hereinafter referred to as 'the Act') for opinion to this Court : "1. Whether, on the facts and circumstances of the case, the Tribunal was legally justified in upholding the order of the AAC annulling the assessment ?

(2.) WHETHER , on the facts and circumstances of the case, the Tribunal was legally justified in not pronouncing the decision on merits of the case - 2. The reference relates to the asst. yrs. 1979 -80 to 1982 -83.

(3.) BRIEFLY stated the facts giving rise to the present reference are as follows : The respondent -assessee is a society registered under the Societies Registration Act and is running a race club at Meerut. Its claim was that it was an AOP and under the Act an AOP is not an assessable entity. The contention was not accepted by the WTO. Feeling aggrieved the respondent preferred separate appeal before the AAC who had accepted the claim of the respondent that the AOP is 'not' an assessable entity by following the order of the Tribunal passed in the preceding asst. yr. 1977 -78. The order of the AAC has been upheld by the Tribunal.