The Tribunal held that the assessee AOP had carried on its activities on commercial basis without making any distinction between members or non-members and had never claimed any benefit under mutuality. Accordingly the AO was unjustified in treating assessee as mutual entity suo motu and treating the part of receipt as mutuality . (AY.2008-09 to 2015-16 )
Film Nagar Cultural Center v. DCIT (2019) 175 ITD 712 (Hyd.) (Trib.)
S. 4 : Charge of income-tax–Association of persons-Mutuality- Assessee is not claimed the benefit of mutuality-AO cannot suo motu assessee the part of income as mutuality. [S. 2(31)(v)]