1981 (2) TMI 114

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ther the respondent—assessee, a club, as its very name implies, is 'an AOP and if so, whether an 'AOP' can be assessed and subjected to charge of Wealth Tax as an Individual' within the meaning of the charging section viz. s. 3 of the WT Act, 1957. 2. The WTO treated the assessee as an AOP and assessed it is 'individual' while the first appellate authority held that an 'AOP' was not an assess....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion of the Hon'ble Gujarat High Court in the case of 'Orient Club' and we cannot add usefully anything on our own since the said judgment is a very comprehensive one covering every conceivable aspect of the proposition also is a detailed one in respect of upto date case law, is very well reasoned—we do respectfully follow the same. 5. That apart, their Lordships of the Hon'ble Punjab and Hary....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t facts, how many of them and of what nature, are necessary to conclude that there is an AOP; it must depend on the particular facts and circumstances of each case as to whether the conclusion can be drawn or not. A joint association and joint perception of income would suffice to give the status of AOP to the assessee's.  On the facts of the assessee's case, there is joint association qua th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hence, the assesses club, cannot be held to be an 'AOP'. 9. That apart, the assessee has put in a categorical denial that the net wealth' subject to assessment of charge of tax in its hands was not owned and possessed by it, but both of the lower authorities have not dealt with this aspect of the case. notices were issued under s. 17 of the Act and the onus was on the Revenue to prove that the ....