TMI Blog1998 (5) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... th the IT Department, Calcutta, under s. 12A of the IT Act,1961. During the assessment year under consideration, the assessee had surplus amount of Rs. 96,050 which was added by the AO to the income of the assessee as the same was not utilised for any charitable purposes. On appeal, the same was confirmed by the CIT(A). Being aggrieved the assessee has come before the Tribunal. 3. Learned Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 993) 113 CTR (Raj) 433 : (1993) 203 ITR 711 (Raj) and CIT vs. Cherupurshpam Hospital Trust (1990) 181 ITR 512 (Ker) in support of his contention. 4. On the other hand, learned Departmental Representative relied on the orders of the authorities below and submitted that the said amount is the trust's income. He mentioned that in the asst. yr. 1984-85 it was stated by the AO that the profit earned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the building equipments, furniture, etc. which will facilitate the better services to the needy patients. The assessee had invested the surplus amount in requirement of equipment and/or furniture. It is true that the assessee had not filed an appeal against the order for the asst. yr. 1984-85. Perhaps the total income was very less as stated by the Authorised Representative. The same order cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) exempts from tax the income of hospitals and other medical institutions and existing solely for philanthropic purposes and not for purposes of profit. Needless to mention that an object of the trust would be of general public utility if it benefits a section of the public or the inhabitants of a particular locality. The Hon'ble Supreme Court observed in CIT vs. Andhra Chamber of Commerce (1965) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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