Business or profession

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Querist : Anonymous

Querist : Anonymous (Querist)

08 November 2011 A pvt limited company running a hospital, Whether it will be covered under business or profession ?

What if a individual running a hospital in proprietorship.

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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08 November 2011 In Dr. Deepak Assudani v. ITO (2009) 29 (II) ITCL 527 (Del ‘E’-Trib) : (2009) 26 DTR (Del-Trib) 454 IT WAS HELD THAT income from running of hospital was liable to be treated as activities of carrying out business. Consequently, since total receipts do not exceed Rs. 40 lakhs, assessee was not liable for tax audit and provisions of section 40(a)(ia) were not applicable.
IN CASE OF A CO IT WILL B TREATED AS BUSINESS

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Querist : Anonymous

Querist : Anonymous (Querist)

08 November 2011 What if individual running a hospital in proprietorship (individual is a doctor).

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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09 November 2011 Dr Deapak' s case is oof an individual

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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09 November 2011 Question :- Doctor running hospital as proprietor?

Observation :- It is a vexed issue. Extract from 'Issues on tax Audit' a priced publication of ICAI is given below.

"If the nursing home is run by medical practitioners who are also carrying on their medical practice at that place it is possible to argue that the assessee is carrying on profession. Alternatively, it is a case of composite activity of business and profession".

Sandeep Garg

Sandeep Garg (Expert)
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20 February 2018 Kindly help me to get this case law -

Dr. Deepak Assudani v. ITO (2009) 29 (II) ITCL 527 (Del ‘E’-Trib) : (2009) 26 DTR (Del-Trib) 454

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 February 2018 Pl see https://www.taxpundit.org/phocadownload/DTR_ITAT/26DTR_ITAT/26DTR_ITAT_454.pdf

Sandeep Garg

Sandeep Garg (Expert)
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20 February 2018 Thanks a lot sir, appreciate your prompt reply!

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