The assessee club, established with a non-profit motive, is...

The assessee club, established with a non-profit motive, is distinct from its members who lack rights over any surplus generated. The club's activities lack commerciality, and reserves are utilized solely for furthering club activities without benefiting individual members. Consequently, the principle of mutuality applies, rendering the club's income non-taxable. The department's appeal against this determination is dismissed by the Income Tax Appellate Tribunal.