3. [2019] 71
ITR (Trib.) 687 (Pune) Parkar Medical
Foundation vs. ACIT ITA Nos.: 2724
& 2725 (Pune) of 2017 A.Ys.: 2004-05
& 2005-06 Date of order:
20th March, 2019
Section
13(1)(c) – Payments made to trustees in professional capacity cannot be considered
as for the benefit of trustees
FACTS
The assessee
was a hospital registered u/s 12A of the Income-tax Act, 1961. At the time of
reassessment proceedings, the AO disallowed Rs. 6,52,748 being professional
charges paid to two of the trustees. He also disallowed Rs. 1,95,000 being
utilisation charges paid to those trustees. These disallowances were made on
the ground that the assessee had violated the provision of section 13(1)(c)
which provides that where any part of the income of a trust enures or any part
of such income or any property of the trust or the institution is, during the
previous year, used or applied, directly or indirectly, for the benefit of any
persons referred to in section 13(3), then such amounts are not to be allowed
as deduction.
But the
assessee argued that the trustees were doctors and payments were made to them
for rendering their professional services apart from looking after the
day-to-day activities and managing the hospital. Further, the assessee paid
utilisation fees to the trustees because certain equipments were owned by those
trustees but were utilised by the hospital.
These arguments
were rejected by the CIT(A) and now the question before the Hon’ble ITAT was
whether payments made to the trustees were directly or indirectly for the
benefit of those trustees.
HELD
The Hon’ble
ITAT allowed the appeal of the assessee on the following basis:
It was an
undisputed fact that the trustees to whom professional fees were paid were
qualified doctors who, besides looking after the administration and running of
the hospital, were also providing their professional medical services to the
assessee and thus such payments cannot be held to be paid for the direct or
indirect benefit of those trustees.
Similarly,
regarding the disallowance of utilisation fees paid to those trustees, the ITAT
held that there was no finding of the AO that utilisation fees paid were
excessive or were being paid for any direct or indirect benefit of those
trustees and hence cannot be disallowed.
