2021 (7) TMI 822

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....he GAAAR has confirmed the Advance Ruling dated 19.05.2020 given by the Gujarat Authority for Advance Ruling, (hereinafter referred to as 'GAAR'), while rejecting the Appeal of the petitioner No.1 - Nagri Eye Research Foundation. 2. As per the case of the petitioner, the petitioner No.1 is a registered charitable Trust set up with various objectives basically and essentially of undertaking eye and research activities to be carried out by C.H. Nagri Municipal Hospital as well as procurement and management of funds for the purpose of education and charitable activities in eye research and prevention of blindness. The petitioner No.2 is the Secretary of the petitioner No.1. It is further the case of the petitioners that the petitioner trust....

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....Advocate Mr. Uday M. Joshi appearing for the petitioners vehemently submitted that both the authorities have failed to appreciate the fact that the activities carried on by the petitioner Trust by running a medical store could not be said to be a "business" within the meaning of Section 2(17) of the CGST Act, inasmuch such activities can neither be said to be a trade or commerce nor for any pecuniary benefit. He submitted that considering the objectives of the Trust also, the petitioner Trust could not be said to be running a medical store for profit by any stretch of imagination. Taking the Court to the definition of the word 'business' as defined under Section 2(17) of the CGST Act, Mr. Joshi submitted that since the activities of the pet....

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....ds or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees, provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees. 8. Since Mr. Joshi has emphasized that the activity carried on by the medical store of the petitioner Trust could not be said to be a "business", it would be beneficial to refer to the relevant part of the definition of the word 'business' as contained in Section 2(17) of the said Act which reads as under :- "(17) "business" includes - (a) any trade, commerce, manufacture, profession, vocation, a....