2018 (1) TMI 1570

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....nue by: H.N.Singh, Ld. CIT DR ORDER Manoj Kumar Aggarwal 1. The captioned appeal by revenue for Assessment Year [AY] 201213 assails the order of the Ld. Commissioner of Income-Tax (Appeals)-1 [CIT(A)], Mumbai, Appeal No. CIT(A)-1/IT/E-II(164)/2014-15 dated 27/01/2016 qua relief provided to the assessee against pharmacy shop's income in terms of Section 11(4A). The assessment for impugned ....

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....d into profit rate of 39.07%. The turnover of the shop constituted about 12.82% of total hospital collections. The income from the shop, in the opinion of Ld. AO, constituted business income of the assessee in terms of Section 11(4A). The assessee defended the same on the ground that drugs were supplied only to in-patients upon consultant's prescription and the charges of the drugs formed part of ....

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.... the reopening notices issued u/s 148 for AY 2006-07 & 2008-09. 3. Aggrieved, the assessee contested the same successfully before Ld.CIT(A) vide impugned order dated 27/01/2016 where Ld. CIT(A) relying upon the order of its predecessor in AY 2010-11 & 2011-12 allowed the appeal of the assessee on the premises that operation of the pharmacy shop was intrinsic to the activities of the assessee an....

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....aritable activity being carried out by the assessee and formed part and parcel of the same. Our attention is drawn to the order of this Tribunal rendered in assessee's own case for AY 2010-11 vide ITA No.87/Mum/2015 dated 17/08/2016 where identical question was decided in assessee's favor by the Tribunal. 5. We have carefully heard the rival contentions and perused relevant material on record. ....