2010 (10) TMI 844

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.... Nair, J:- The question raised in the connected appeals filed by the revenue against the very same assessee is whether the Tribunal was justified in holding that the respondent-assessee cannot be separately assessed for the income from a hospital merely because it was not entitled to exemption under section 10(23C)(via) of the Income-tax Act. We have heard standing counsel appearing for the app....

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....nstitution, assessee need not apply for separate exemption under section 10(23C)(via) for claiming exemption on the income from the hospital. After going through the Tribunal's orders and after hearing standing counsel, we notice that there is no dispute about entitlement of the society which owns hospital for exemption by virtue of the certificate issued to them under section 12A of the Act. The ....

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.... be assessed separately. In fact, only a legal entity could be assessed and not an institution, business concern or establishment. In short, the claim of exemption or liability should have been considered at the hands of the person who owns and manages the hospital, which is a society. In our view, there is serious lapse on the part of the Assessing Officer in not having done this. Secondly, it is....