2017 (3) TMI 1868 - AT - Income Tax

Exemption u/s 11 - grant of registration u/s.12AA of the Act and application in form No.10G u/s.80G(5)(VI) rejected - proof of Charitable activity u/s 2(15) - HELD THAT - There is merit in the submissions of the assessee as the proposition canvassed by assessee are supported by the facts narrated in the context of the provisions of Section 2(15) of the I.T.Act. Section 2(15) of the Act clearly defines the charitable purpose which includes medical relief and in order to obtain the object of medical relief the assessee trust is running poly-clinic pathology x-ray and medical services. We are of the view that the trust activities are within the framework of Section 2(15) of the I.T.Act 1961. Therefore we cancel the order passed by the CIT(E) u/s.12AA and u/s.80G(5)(VI) of the I.T Act . - Decided in favour of assessee.

Summary

Issues:
Appeal against orders under sections 80G(5)(VI) and 12AA of the Income Tax Act, 1961.

Analysis:
The appeals were filed against the orders passed by the Commissioner of Income Tax (Exemptions) under sections 80G(5)(VI) and 12AA of the Income Tax Act, 1961. The trust in question was engaged in providing medical services without discrimination, including running a poly-clinic, pathology, x-ray, and medical services. The Commissioner observed that the trust's activities were commercial and not charitable, primarily involving the sale and purchase of medicines and tests. The main issue raised by the assessee was the rejection of registration under section 12AA and approval under section 80G(5)(VI) of the Act.

During the hearing, the assessee argued that despite earning some profit from medical activities, the trust's primary purpose was charitable in nature as it provided medical services without discrimination. The assessee contended that medical services fell under the definition of charitable activities as per Section 2(15) of the Act, which includes relief to the poor, education, medical relief, and public utility. The Revenue, on the other hand, relied on the findings of the CIT (Exemption) to support the rejection of the applications.

After considering the submissions and reviewing the facts, the Tribunal found merit in the assessee's arguments. It held that the trust's activities, including running medical services, were within the scope of Section 2(15) of the Act, which defines charitable purposes to include medical relief. Therefore, the Tribunal canceled the orders passed by the CIT (E) under sections 12AA and 80G(5)(VI) of the Income Tax Act. As a result, both appeals filed by the assessee were allowed.