9911796707
TMI Blog2010 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 11 and 12 of the Income Tax Act, 1961 to the assessee – held that - In a charitable activity incident of profit can be there but that would not goad any quasi judicial authority to say that society ceases to be a charitable society. The AO fail to point out any defects in the objects of society or in the means of achieving those objects. His only area of grievance is that income is resulting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J (ORAL) 1. This appeal by the Revenue is directed against the Tribunal's order dated 27.3.2009 in ITA No.2015/Del/2006 pertaining to the assessment year 2002-2003. The Revenue preferred an appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) dated 28.2.2006. 2. The sole grievance of the Revenue before the Tribunal was that the Commissioner of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 11 and 12 were granted to the assessee. In the present year such benefit has been denied to the assessee by the AO merely by drawing adverse inference on two counts namely the hospital charges were on the higher side and were comparable on hospital run on commercial basis. Free and subsidized treatment was given only to the doctors, relatives/friends of the doctors and the employees. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not discernable as to how Ld. AO has considered them as employees or relatives of employees. We could understand the stand of AO if he would have made out a case that assessee is applying its income for any other purpose than the charitable purpose. As rightly observed by the Ld. CIT(A) that profitability is not the sole criteria to judge the charitable nature of a society. In a charitable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly it has to see that hospital should able to run its activity. If it starts losing the resources then its existence would be in dark. Therefore, taking into consideration all the material on record and the finding recorded by the CIT(A) (mainly extracted supra) we do not find any error in the order of Ld. First Appellate Authority." 3. In our view these are pure findings of facts. No substanti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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