2022 (6) TMI 1515

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....al a/w. Mr. Upendra Lokegaonkar i/b Mint and Confereres for the Respondent. P.C. Heard the learned Counsel for the parties. 2. This Appeal filed by the Appellant-Revenue seeks to challenge the judgment and order passed by the Income Tax Appellate Tribunal, Mumbai in Income Tax Appeal No. 6853/M/2014 dated 15 June 2016. By the impugned judgment and order, the Tribunal dismissed the Appeal ....

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....ssessee, which is a Trust, the learned Counsel for the parties have placed before us the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax-III, Pune v. Rajasthan & Gujarati Charitable Foundation Poona (2018) 89 taxmann.com 127 (SC)  - . Both the learned Counsel for the parties point out that the view taken by the Tribunal in favour of the Respondent - Assessee fo....

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....ourt has taken a view that if on the analysis of fact, it is found that running of Pharmacy/Chemist Shop is not a predominant activity of the Trust and is incidental to dominant object, the Pharmacy cannot be considered as an independent unit. On factual position is concerned, the finding of fact has been rendered by the Commissioner of Income Tax (Appeals), the Pharmacy run by the Hospital - Asse....