HARYANA STATE CO OPERATIVER LABOUR AND CONSTRUCTION FEDERATION LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Tribunal has referred the following question for the opinion of this Court :

(2.) THE petitioner assessee is a co operative society. It provides technical advice to the member societies in lieu of the subscriptions. The petitioner received contributions from its members during the three years as noticed above. It claimed that the contributions made by the member societies were not exigible to the levy of income tax by the principle of mutuality. The AO rejected the claim. The order having been confirmed by the AAC and the Tribunal, the assessee filed a petition under S. 256(1) of the IT Act, 1961. Hence, this reference.

(3.) THE claim made on behalf of the assessee has been controverted by Mr. Sawhney, learned counsel for the Revenue.