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2016 (3) TMI 970 - CALCUTTA HIGH COURT

2016 (3) TMI 970 - CALCUTTA HIGH COURT - [2016] 383 ITR 297 - Entitlement to the benefit under Section 10(22A) - whether private limited company cannot come within the purview of the word "Institution", used in section 10(22A)? - Held that:- Even a private limited company can get the benefit of section 25 of the Companies Act, 1956. The benefit is to have the word "Limited" or the words "Private Limited" dropped. On the basis of this sub-section, one cannot say that a private limited company can .....

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And Indrajit Chatterjee, JJ. For the Appellant : Mr M P Agarwal, Adv For the Respondents : Mr S K Kapoor, Sr. Adv. with Mr J P Khaitan, Sr. Adv, Mr Dilip Dhar, Adv, Mr Ravi Kapoor, Adv., Ms Swati Agarwal, Adv. & Ms Natasha Roy, Adv ORDER The Court: Both for the assessment years 1986-87 and 1987-88, the Assessing Officer held that the assessee was not entitled to the benefit under Section 10(22A) of the Income Tax Act, 1961, hereinafter referred to as the "Act". The CIT(A) concurre .....

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how cause why the Income Tax Appellate Tribunal "D" Bench, Kolkata should not be directed to draw up a statement of case and to refer the case to this Court for determination of the question of law indicated therein as follows:- "1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in directing the Assessing Officer to grant the assessee exemption u/s.10(22A) of the Income Tax Act, 1961 ? 2) Whether on the facts and in the circumstances of the c .....

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ere aimed at helping the employees of the sister concerns. There was no philanthropic activity nor did assessee exist solely for philanthropic purposes. Therefore, the benefit under Section 10(22A) could not have been advanced to them. Mr. Kapoor, learned senior advocate appearing for the assessee, submitted that the Tribunal has allowed the benefit of Section 10(22A) to the assessee for the following amongst other reasons:- "The main objects of the assessee which are clearly brought out in .....

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Paper Book also clearly states that the assessee is maintaining and conducting free medical and hospital facilities for both the tea garden labourers and their families as well as for the inhabitants of surrounding areas since 1985. Therefore, considering the totality of facts and circumstances, we hold that authorities were not justified in denying exemption to the assessee u/s.10(22A) of the I.T. Act for both the years, and accordingly we would direct them to grant exemption." Mr. Kapoor .....

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ement quoted above. For the aforesaid reasons we refuse to answer the question No.1. In order to give answer to the question no.2, all that we have to do is to notice Section 10(22A) of the Act, which provides as follows:- "(22A) any income of a hospital or other institution for the reception and treatment of persons suffering from illness or mental defectiveness or for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation, e .....

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