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Commercial Activities by Trust registered u/s 12AB, Income Tax

Issue Id: - 118961
Dated: 30-1-2024
By:- Mratunjaya Vajramatti

Commercial Activities by Trust registered u/s 12AB


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Dear sir/madam

A trust registered u/s 12AB running an ayurvedic college and a teaching hospital under it. Teaching hospital gives services and also sells drugs to inpatients.

Suppose Trust plans to opens a medical shop within the premises of college and to extend sale of drugs and other pharmaceutical products to outsiders. can a trust do that??

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Showing Replies 1 to 5 of 5 Records

Page: 1


1 Dated: 31-1-2024
By:- Padmanathan Kollengode

What are the main objects of the trust?


2 Dated: 31-1-2024
By:- Padmanathan Kollengode

Pls note that the restriction on commercial activity being "charitable purpose" is only for the object being "the advancement of any other object of general public utility".


3 Dated: 31-1-2024
By:- Mratunjaya Vajramatti

Main objective of Trust is Providing Education. It has 75 educational institutions.


4 Dated: 2-2-2024
By:- Padmanathan Kollengode

If the main objective of the trust is imparting education, there is no restriction on commercial activity for falling under "charitable purpose". However, pls note the ratio laid down by Hon'ble SC in M/S NEW NOBLE EDUCATIONAL SOCIETY VERSUS THE CHIEF COMMISSIONER OF INCOME TAX 1 AND ANR. 2022 (10) TMI 855 - SUPREME COURT is also relevant.


5 Dated: 5-2-2024
By:- Manoj Gupta

A lot to be checked before deciding the query, in particular, the objects clause.


Page: 1

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