COMMISSIONER OF INCOME TAX-IX Vs. AMAN KHERA

JUDGEMENT

(1.) These are five appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (Act'). Three of them i.e. ITA Nos. 653 of 2012, 19 of 2015 and 326 of 2015 pertain to quantum proceedings and two of them i.e. ITA Nos. 476 of 2014 and 21 of 2015 pertain to penalty proceedings. Background facts

(2.) The background facts are that an agreement was entered into on 31st October 2005 between Dr. B.L. Khera Charitable Trust (hereafter 'the Trust'), a society incorporated under the Societies Registration Act, 1860 and Heart Institute, Noida represented by Dr. Purshotam Lal, the Director of Metro Hospital and Heart Institute.

(3.) The agreement noted that the Trust was the owner of a hospital situated on a plot of approximately 1.5 acres in Pandav Nagar, Naraina Road, New Delhi with a building consisting of a basement, ground floor and four floors known as Khera Hospital. The agreement noted that the Khera Hospital had not been functioning except for an Out-Patient Department and that too on a small scale. The hospital was stated to be ill-equipped and facing financial problems.