State of West Bengal & Ors. v. Calcutta Club Limited & Ors.
Facts:
The dispute arose from demands of sales tax on supply of food and drinks by clubs to their permanent members.
The clubs contended that such supplies were governed by the doctrine of mutuality and did not constitute “sale”.
The Tribunal and High Court held that no taxable sale occurred as members and the club were not distinct persons.
The matter was referred to a larger Bench to examine the impact of the 46th Constitutional Amendment on the doctrine of mutuality.
Court Decision:
The Court held that the doctrine of mutuality continues to apply even after the 46th Constitutional Amendment.
It ruled that Article 366(29-A)(e) applies only to unincorporated associations and does not cover incorporated clubs.
The Court held that in members’ clubs, there is no transfer of property from one person to another, as members and the club are not distinct.
Accordingly, supply of food and beverages by clubs to their members does not constitute a “sale” and is not liable to sales tax/VAT.
Cases Referred by Court:
• C.T.O. v. Young Men’s Indian Association
• State of Madras v. Gannon Dunkerley & Co.
• Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi
• State of Punjab v. Associated Hotels of India Ltd.
• Deputy Commercial Tax Officer v. Enfield India Ltd.
• Bacha F. Guzdar v. Commissioner of Income Tax
• Graff v. Evans
• Trebanog Working Men’s Club and Institute Ltd. v. Macdonald
• BSNL v. Union of India
Other Case Law
Impressive Data Services Private Limited vs Commissioner (Appeals-I), Central Tax GST, Delhi
Appeal – Mandatory pre-deposit under Section 107(6) of the CGST Act, 2017 – whether High Court can waive statutory pre-deposit for filing appeal.
Facts:The petitioner challenged the requirement of pre-deposit under Section 107...
Read MoreZeba Khan v. State of Uttar Pradesh & Ors.
Cancellation/annulment of bail – offences under Sections 419, 420, 467, 468, 471 IPC involving forged educational degrees and organised fraud. Scope of appellate interference in bail orders; suppression of material facts and criminal antecedents in bail
Facts:An FIR was registered alleging an organised racket involving forged LL.B. ...
Read MoreM. Trade Links v. Union of India & Ors.
Challenge to validity and application of Input Tax Credit provisions under GST; denial of ITC due to supplier default and time limitation (Sections involved: Section 16(2)(c) and Section 16(4) of CGST Act, 2017 & SGST Act)
Facts:The petitioners, registered dealers under GST, were denied Input Tax Credi...
Read More