Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2021 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (12) TMI 412 - HC - Income TaxExemption u/s 11 - grant of registration u/s 12AA - Assessee engaged providing activities like sale/purchase of medicine, running of pathological clinic, x-ray clinic, polyclinic etc. - assessee contended that Trust has been established for general charitable objective as specified in Section 2(15) of the Act, which provides medical services to the public at large without discrimination of caste, creed and religion - As submitted polyclinic which the assessee Trust has established and being administered undertakes pathological tests, x-ray and render other medical services comes within the purview of medical relief within the meaning of charitable purpose as defined in Sub-section 15 of Section 2 of the Income Tax Act, 1961 - ITAT held that assessee would qualify for grant of registration under Section 12AA of the Act and their activity is undoubtedly a charitable activity - HELD THAT:- As decided in OXFORD ACADEMY FOR CAREER DEVELOPMENT [2008 (12) TMI 192 - ALLAHABAD HIGH COURT] as relying on AMERICAN HOTEL & LODGING ASSOCIATION EDUCATIONAL INSTITUTE [2008 (5) TMI 17 - SUPREME COURT] wherein it was held that the prescribed authority while examining an application for grant of registration is only required to examine the nature, activities and genuineness of the institution and mere existence of profit/surplus did not disqualify the institution. Also held in ST. LAWRENCE EDUCATIONAL SOCIEITY (REGD.) & ANOTHER [2011 (2) TMI 72 - DELHI HIGH COURT] institution seeking exemption under the provisions of the Act should not generate a quantitative surplus was a condition which was legally untenable. In the light of the above discussion, we hold that the order passed by the Tribunal does not call for any interference. In the result, the appeal is dismissed and the substantial questions are answered against the Revenue.
|