GST INDIA Biz
GST India .biz — Case Law Details
Detailed GST Case Law Information

State of West Bengal & Ors. v. Calcutta Club Limited & Ors.

Date of Order: October 3, 2019
Case Law No: GIB-SC-2019-02
Subject: Levy of sales tax/VAT on supply of food and beverages by clubs to members – interpretation of Article 366(29-A)(e) of the Constitution and Section 2(30) of the West Bengal Sales Tax Act, 1994. Applicability of doctrine of mutuality to incorporated and u
Description:

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

Amit Manilal Haria & Ors. vs. The Joint Commissioner, CGST & Central Excise & Anr.

Subject: Validity of penalty imposed under Section 122(1A) of the CGST Act on company employees for alleged wrongful availment and passing of Input Tax Credit.

Court DecisionThe Court allowed the writ petition and quashed the show cause not...

Read More
State of Karnataka v. Ecom Gill Coffee Trading Private Limited

Interpretation of burden of proof for claiming Input Tax Credit under VAT law; requirement of proving genuineness of transactions (Section involved: Section 70 of the Karnataka Value Added Tax Act, 2003)

Facts:The respondent purchasing dealers claimed Input Tax Credit (ITC) on purcha...

Read More
Ziva Auto Sales Thru. Prop. Akhand Pratap and Another vs State of U.P. Thru. Secy. State Tax Lko. and Another

Whether interest not quantified in the show cause notice can be imposed in the adjudication order under Section 75(7) of the GST Act, 2017.

The writ petition was allowed and the impugned order dated 11 February 2025 pass...

Read More