TMI Blog2016 (9) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... gned order, while reversing the decision of the Assessing Officer and the Commissioner of Income-tax (Appeals), accepted the case of the assessee that the activities in question were incidental to the main activity of the hospital itself and were not undertaken with a profit earning motive. The Income-tax Appellate Tribunal also noticed that for the assessment years earlier and later to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent : V. P. Gupta and Anunav Kumar JUDGMENT CM No. 11511 of 2016 1. Allowed, subject to all just exceptions. I. T. A. 211 of 2016 2. This appeal by the Revenue is against the order dated October 12, 2015 passed by the Income-tax Appellate Tribunal ( ITAT ) in I. T. A. No. 5799/ Del/2011 for the assessment year ( AY ) 2008-09. 3. The assessee is a company registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis. 5. The question urged by the Revenue in this appeal is whether the earning of income from the above four streams would disentitle it to exemption in terms of section 11(4A) of the Act. 6. The Revenue does not dispute the above streams could be incidental to the attainment of the objectives of the institution. However, the Revenue states that separate books of account have not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer accepted the assessee's case and allowed its claim for exemption. In particular, the Income- tax Appellate Tribunal has accepted the contention of the assessee that it maintained separate ledgers for each of the sources of income and thereby fulfilled the requirement of section 11(4A) of the Act. 9. Having heard the learned counsel for the parties, the court is of the view that the vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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