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TMI Blog2018 (3) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ether shrugged off its responsibility towards the Indigent and Weaker Section Patients. There is a difference of opinion w.r.t the amount of funds to be transferred to the Indigent Patient's Fund (IPF). It is noteworthy, that the assessee has not simply waited for the clarification and stalled the appropriation of funds to the IPF and its utilization towards the requisite purpose. Rather, until clarification on such matter, the assessee has chosen to transfer 2% of the total hospital billing net of doctor’s' fees to the IPF and has utilized the same towards the medical treatment of the Indigent and Weaker Section Patients. There is no single evidence which would suggest otherwise. The rationale behind the same being that the doctor’s fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the doctor s fees of ₹ 11,90,04,614/- and the same has resulted in shortfall of ₹ 23,80,092/- in the transfer to Indigent Patient Fund (IPF Account). 2. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A), Mumbai has erred in allowing the exemption u/s 11 of the I.T. Act and allowed the appeal of assessee by not considering the fact that the assessee has violated the directions given by the Bombay High Court, in regard to create a IPF account and transfer the amount to IPF Account for the betterment of poor and Indigent patients. 3. Briefly stated, the facts of the case are that the assessee-trust is registered with the Director of Income Tax (Exemption), Mumbai u/s 12A and 80G of the Act. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /Mum/2015). The Tribunal held as under: 10. Similar to the above, even in the case of the assessee, non-compliance of one of the statutory stipulations should not nullify its efforts made towards achieving its charitable objectives. The same can be observed from the fact that it has appropriated 88% of its Income towards achieving the objectives of the trust. Further, the assessee has not altogether shrugged off its responsibility towards the Indigent and Weaker Section Patients. There is a difference of opinion w.r.t the amount of funds to be transferred to the Indigent Patient's Fund (IPF). It is noteworthy, that the assessee has not simply waited for the clarification and stalled the appropriation of funds to the IPF and its uti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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