THE COMMISSIONER OF INCOME TAX -EXEMPTION vs. ST. STEPHEN'S HOSPITAL
What did the High Court hold?
The Tribunal held that the bookstall activity was not commercial as no rent was charged and the books included non-religious titles. It also found that facilities like a bookstall, canteen, and bank were ancillary and necessary for the hospital's functioning and patient care, not commercial activities.
What were the facts?
The Assessing Officer cancelled the hospital's registration under Section 12AA based on a special audit report. This cancellation was previously struck down by the Tribunal and affirmed by the High Court. The Revenue raised additional contentions regarding a bookstall and various facilities within the hospital.
What were the issues?
Whether the operation of a bookstall and the provision of various facilities within a hospital constitute commercial activities rendering its income taxable. Whether the cancellation of registration under Section 12AA was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 463/2018 & CM APP No. 14771/2018 THE COMMISSIONER OF INCOME TAX -EXEMPTION ..... Appellant Through: Mr.Zoheb Hossain, Sr. St. Counsel versus ST. STEPHEN'S HOSPITAL ..... Respondent Through; Mr.Tarun Gulati with Ms.Rachna Yadav, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 19.11.2018 This appeal under Section 260A of the Income Tax Act, 1961 (‘Act’ for short) in the case of St. Stephen’s Hospital relates to the assessment year 2009-10 and arises from the order of the Income Tax Appellate Tribunal (‘Tribunal’ for short) dated 08.11.2017. The Assessing Officer in the present year had followed the assessment order for the assessment year 2008-09, which was predicated on the Special Audit Report. Pursuant to the Special Audit Report, registration of the respondent-society was cancelled under Section 12AA of the Act. The cancellation was, however, struck down by the Tribunal vide order dated 11.05.2012. Revenue had thereupon preferred ITA No.37/2013 which appeal was dismissed by a detailed order dated 26.09.2013.
The Tribunal in the impugned order has primarily followed the order of the Tribunal dated 11.05.2012 in relation to assessment year 2008-09 and the order dated 26.09.2013 in ITA No.37/2013 passed by the Delhi High Court affirming the same. Learned counsel for the Revenue while accepting the aforesaid position submits that the Assessing Officer has also recorded some additional facts. He submits that the respondent-assessee had permitted setting up of a bookstall where religious books were displayed and distributed free of cost. This contention has not been accepted by the Tribunal for several reasons including the finding that no rent was charged and that the books being displayed and distributed included other books on philosophy and moral science etc. This contention was also found to be without merit in ITA No.450/2018. Another contention raised before us relates to the facilities in the form of Kendriya Bhandar, Mother Dairy booth, STD booth, a bank, a canteen and a cooperative store in the hospital. Opening of a Kendriya Bhandar, Mother Dairy booth, STD booth, bank, canteen or co-operative store cannot be treated as commercial activities. These facilities were necessary and required for proper functioning of the hospital and providing medical facilities to the patients. These were ancillary activities for benefit of the patients and their attendants and staff. The primary purpose and objective was to provide medical facilities and aid to patients. Accordingly, we do not find any merit in the present appeal and hold that no substantial question of law arises for consideration.
The appeal stands dismissed. SANJIV KHANNA, J. ANUP JAIRAM BHAMBHANI, J. NOVEMBER 19, 2018 neelam
More judgments on Section 12AA
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Sri Jawahar Education Trust, Chamarajanagar vs The Income Tax Officer Ward 1…ITA 1735/BANG/2026[2016-17]Status: Disposed5 Oct 2026AY 2016-17
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Ajay Kumar @ Ajay Sharma vs. Union Of INDIA Rep Thr The Intelligence Officer, Directorate General Of GST Intelligence (Dggi)Jharkhand · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S Om.S.R. Construction, Through Its Proprietor Mr. Kuldeep Sharma vs. The State Of Jharkhand Through Its Commissioner, Commerical Tax DepartmentJharkhand · 28 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026