The assessee-company owning hospital was converted from private limited company to charitable company under section 8 of Companies Act, 2013 and hospital continued to charge patients at market rates even after such conversion and, treatment at concessional rate provided by hospital to patients accounted for less than 1 per cent of revenue, Commissioner (E) is justified in denying registration/approval under sections 12AA,10(23C)(vi) & 80G(5)(vi) to assessee.
Fernandez Foundation. v. CIT (E) (2023) 199 ITD 37/ 221 TTJ 109 (Hyd) (Trib.)
S. 10(23C) : Educational institution-Hospitals-Treatment at concessional rate provided by hospital to patients accounted for less than 1 per cent of revenue-Denial of exemption is justified. [S. 10(23C)(vi), 12AA, 80G(5)(vi), Companies Act, 2013, S. 8]