VidhiSangh

Supreme Court of India · 17/08/2023

SECUNDRABAD CLUB ETC. versus C.I.T.-V ETC.

[2023] 12 S.C.R. 979 · 2023 INSC 736

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Summary

The Court reaffirmed Bangalore Club and held that interest earned by the appellant clubs on bank fixed deposits is taxable, whether or not the banks are club members. Investment in commercial banking breaks the required identity between contributors and participators. The brief Cawnpore Club order did not declare contrary law and did not make Bangalore Club per incuriam.

Issues

  1. Whether Bangalore Club required reconsideration in light of Cawnpore Club and Canara Bank.
  2. Whether interest on the clubs’ bank deposits was protected by mutuality.
  3. Whether finality or merger of an earlier order necessarily made it a binding precedent.

Provisions considered

Held

Result

Appeals dismissed; taxation of bank-deposit interest upheld. Bangalore Club reaffirmed and reference for reconsideration declined. Parties to bear their respective costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 979.