2021 (9) TMI 1056

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h arises for consideration is the claim of the appellant for benefit under Section 10 (23C) (via) of the Income Tax Act, 1961 for the assessment years 1999-2000 to 2002- 2003. The benefits in terms of the section are available to any hospital existing solely for philanthropic purposes and not for purposes of profit. We may note that this was the position which existed even earlier under Section 10 (22A) prior to the amended provision under the Finance (No.2) Act, 1998 with effect from 01.4.1999. The only change which was made was requiring it "may be approved by the prescribed authority". It appears that the legislative intent of the same was that considering the experience over some years it may have been felt that some entities which w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion. However, that is not the only reason and it is not as if the requirement is for the twin reasons to exist in order to denying the benefit to the appellant. Each one of these reasons could have been sufficient. In our view the most material aspect is the first one set out above and that too on the basis of what we perceived to be an admission of the appellant emerging from the pleadings in the writ petition filed before the High Court. In order to appreciate the same, we consider it appropriate to reproduce paragraph No.3(x) & (xi) as under:- "3 (x) The scheme of the remuneration payable to the Doctors from OPD and IPD has been devised in a manner where all the Doctors are paid 50% of the receipt from the patients visiting f....