DY. COMMISSIONER OF INCOME TAX(EXEMPTIONS)-2(1), MUMBAI, MUMBAI vs. SWAMI VIVEKANAND MEDICAL MISSION, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the running of the medical store was incidental and ancillary to the main objective of the hospital providing medical relief. The Tribunal emphasized the principle of consistency, noting that similar claims had been accepted in previous assessment years. The Tribunal also pointed out that if the activity were to be considered business, only net profits, not gross receipts, should be taxed, and the AO failed to consider the expenses incurred.
What were the facts?
The Revenue filed appeals against the order of the CIT(A) who allowed exemption for the income from a pharmacy shop run by a charitable hospital. The Assessing Officer (AO) denied this exemption, treating the pharmacy income as business income unrelated to the hospital's charitable objects. The Revenue argued that the pharmacy operations were a separate profit-making venture, not incidental to the hospital's main purpose.
What were the issues?
Whether the income from a pharmacy run by a charitable hospital is incidental to its main objects and thus eligible for exemption under Section 11 of the Income Tax Act, or if it constitutes a separate business activity to be taxed.
Which sections of the Income-tax Act were involved?
Section 11(4A),Section 2(15),Section 143(3),Section 270A,Section 10(23C)(via)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- ACIT v. Ahmedabad Urban Development Authority390 citing143 Taxmann.com 278 · 2022 · SC
- Baun Foundation Trust v. CCIT10 citing73 DTR 45 · 2012 · HC
- PCIT (Exemption) v. National Health and Education Society7 citing154 Taxmann.com 636 · 2023 · HC
Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
Before: SMT. BEENA PILLAI & SHRI PRABHASH SHANKAR
आदेश की प्रयियलयि अग्रेयिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त / CIT
More judgments on Section 11(4A)
- National Institute of Construction… vs Commissioner of Income Tax (Exemption)…ITA 2181/MUM/2022[2015-16]Status: Disposed11 Sept 2026AY 2015-16
- National Institute of Construction… vs CIT (Exemption), MumbaiITA 2180/MUM/2022[2016-17]Status: Disposed11 Sept 2026AY 2016-17
- Consortium of Accredited Healthcare… vs CIT (Exemption), New DelhiITA 4968/DEL/2026[2026-27]Status: Disposed9 Sept 2026AY 2026-27
- Consortium of Accredited Healthcare… vs CIT (Exemption), New DelhiITA 4967/DEL/2026[2026-27]Status: Disposed9 Sept 2026AY 2026-27
- Jeevan Deep Charitable Society, Bhadohi vs National Faceless Assessment Centre, Delhi…ITA 9/VNS/2025[2018-19]Status: Disposed28 Aug 2026AY 2018-19
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