Allowing the appeal of the assessee the Court held that where assessee trust was running a dental college and was also running and managing hostel for residence of students admitted in said college, since, activity of running hostel was not a separate business activity, surplus income from hostel fee could not be treated as profit and gains of a separate business or commercial activity of trust, hence denial of exemption is held to be not justified . ( AY. 2010 -11 )
Daya Nand Pushpa Devi Charitable Trust v. Addl. CIT (2021) 436 ITR 406/ 281 Taxman 455/203 DTR 201/ 321 CTR 385 (All.) (HC)
S. 11 : Property held for charitable purposes – Activity of running hostel – Not commercial activity – Denial of exemption is held to be not justified . [ S. 2(13), 2(15) , 11(4A) ]