From the judgment and order dated the 11th July, 1969.
The assessment.
T. Desai, J. Ramamurthi and R. N. Sacthey, for the appellant.
66 1 of the Income Tax Act, 1922 Whether on the facts and circumstances of the case and on proper companystruction of the Rules and Regulations of the Association, the Tribunal was justified in holding that the in companye of the Association derived from the business of export of sugar and interest from current and fixed deposits were number exempt from tax under section 4 3 i of the Indian Income tax Act, 1922?
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
are as, follows To promote and protect the trade, companymerce and industries of India and in particular, the trade companymerce and industries companynected with sugar.
To encourage friendly feeling and good relations amongst the sugar mills in general and the members in particular and also between producers of sugar and cane growers, distributors of sugar and other dealing with sugar mills and companynected with sugar industry.
Sea and D. Pal, R. S. Tahore, 6.
years are 1958 59, 1959 60, 1960 61 and 1961 62 for which the previous years are respectively the calendar years 1957, 1958, 1959 1960.
P. Khaitan, B. P. Mahesawari and Leila Seth, for the respondent.
of the Calcutta High Court in Income Tax Reference No.
The Income tax Officer, the Appellate Assistant Commissioner and the Tribunal all rejected the claim though number exactly for the same reasons.
213 of 1966.
These four appeals preferred by the Commissioner of Income Tax, West Bengal III, Calcutta, with certificate granted by the High Court under section 66A 2 of the Income Tax Act, 1922 are directed against the judgment of the High Court disposing of the reference and relate to the assessment orders made in respect of the aforesaid four years.
The Indian Sugar Mills Association, hereinafter referred to as the Association, which has its office in Calcutta is a Trade Union registered under the Trade Unions Act, 1926 any individual, firm or companypany owning or managing a sugar mill or factory is eligible for membership of the Association.
1225 to 1228 of 1970.
4 3 i of the Income Tax Act, 1922.
The Judgment of the Court was delivered by GUPTA J. The companymon question arising for decision in these four appeals is whether the income derived by the respondent, Indian Sugar Mills Association, from its sugar export division is exempt from tax under sec.
At the instance of the Association the Tribunal referred the following question to the High Court at Calcutta under sec.
