Skin Institute & Public Services Charitable Trust Vs. CIT (Exemption) (Delhi

Section 10(22A), read with section 13, of the Income-tax Act, 1961 - Hospitals (Exemptions of income) - Whether exclusion of amounts received by virtue of section 10(22A) is not subject-matter of section 13(1) or any of its further conditions - Held, yes - Whether disqualification which attaches in absolute terms by virtue of provisions of section 13(1) especially through section 13(3) to income out of which some benefit flows to a settler/founder, does not per se apply to institutuions covered by section 10(22A) - Held, yes - Whether where assessee society duly registered under Indian Societies Act was entitled in law to claim exemption of its income under section 10(22A), fact that managing trustee/founder director in trust was participating in profits of income of trust would not disentitle institution to claim aforesaid exemption - Held, yes [Paras 13 to 15] [In favour of assessee]