TMI Blog2019 (5) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... e the hospital is fully charitable purpose and not for commercial purpose. The assessee is not maintaining separate books of account for the said medical shop does not mean that the assessee is not entitled for obtaining registration u/s. 12AA. We note that in order to grant registration the objects of the assessee society is to be examined. Therefore, the ld. CIT(E) should not deny the grant of registration u/s. 12AA merely because assessee is running medical shop inside the hospital. Therefore, we direct the ld. CIT(E) to grant the registration u/s. 12AA, in accordance with law. - Decided in favour of assessee. - ITA No. 269/Ran/18 - - - Dated:- 5-4-2019 - Shri S. S. Godara, J.M. And Dr.A.L.Saini, A.M For The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be a ground for rejection of registration u/s 12AA. 1.2 For that whatsoever, having come to know about separate maintenance of books of accounts, the appellant has already started maintaining separate books for the Pharmacy. 1.3 For that the rejection of registration u/s 12AA without doubting the objects of the Society, is unjustified, arbitrary and without any valid reason. 2. For that other grounds, if any, will be argued/taken up at the time of hearing. 3. The brief facts qua the issue are that the applicant society filed application in form No. 10A of the Income Tax Rules, 1962 for grant of registration u/s. 12AA of the Income Tax Act, 1961 before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. We have heard both the parties and perused the material on record. We note that the society trust was maintaining Pharmacy medical shop inside the hospital, which was for in-house consumption of medicines and treatment packages and for the urgent need of medicines to in-house patients. We note that the objects of the society were not doubted by the ld. CIT(E). Therefore, we note that in order to obtain registration u/s. 12AA only objects of the assessee trust is to be examined. We further note that the assessee society s main object of running a hospital, which is covered u/s. 2(15) of the Act as charitable purposes being medical relief . Therefore, simply non-maintenance of separate books cannot be a ground for rejection of registrati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|