1978 (2) TMI 59

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....ome from subscriptions, entrance fees and donations would not fall for inclusion in the total assessable income ? " The assessee is an association registered under s. 25 of the Companies Act, 1956. The main objects of the association are : " (i) To promote, aid, help, encourage and develop hire purchase business. (ii) To promote and protect the interests of persons, firms, associations and other bodies corporate engaged in hire purchase business. (iii) To secure organised and concerted action, direct and indirect, on all matters connected with or having a bearing on the business of hire purchase financing. (iv) To obtain or to promote any order of the Government (both Central and States), any Act of the Legislature, either of....

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.... of the Supreme Court was, therefore, applicable. The question is whether this decision of the Tribunal is in accordance with law. Section 2(15) defines "charitable purpose" as including relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying on of any activity for profit. The Tribunal has pointed out in its order on the appeal that it was not the department's case that the object of the association had any involvement of carrying on of any activity for profit. The only point put against the assessee was that the association was open to only members and that the benefits thereof did not enure to the public. As pointed out by the Tribunal the real question....

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....us though the members of the association may relate to this type of business, still the hire purchase activity as such has got a great significance in industrial and trade development. The benefit of the activities of an association like this has an impact in the general economic activity of trade and manufacture. Though the chamber of commerce like the Andhra Chamber of Commerce may have in its fold members belonging to different trades and industries and the membership of the present association is open only to those in this class of business, we do not find any essential difference on the basis of which we can distinguish and decline to apply the decision in CIT v. Andhra Chamber of Commerce [1965] 55 ITR 722 (SC). The learned counsel....