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2012 (4) TMI 172 - HC - Income TaxCharitable Trust Hospital approval for continuation of exemption u/s 10(23C)(via) for the period from 2009-10 onwards denied by Chief CIT on ground that nature of chemist shop run in Hospital is akin to trading activity hence trust does not exist solely for the purposes of philanthropy Held that:- Running the chemist shop in the present case is not the dominant object of the trust. Chief CIT has clearly misapplied himself in law by having regard to a clearly ancillary or incidental activity and elevating it to the status of the dominant purpose for which the hospital has been established Order of CIT set aside directed to consider the application filed by petitioner.
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