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2019 Supreme(SC) 784

A.M.SAPRE, INDU MALHOTRA
Prashanti Medical Services & Research Foundation – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner(s):Mahesh Agrawal, Rishi Agrawala, Nishant Rao, Devika Mohan, E. C. Agrawala, Advocates
For the Respondent(s):K. Radhakrishnan, Parthiv K. Goswami, Meenakshi Grover, Anil Katiyar, Advocates

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 14.09.2017 passed by the High Court of Gujarat at Ahmedabad in SCA No.7558 of 2017 whereby the High Court dismissed the petition filed by the appellant herein.

3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.

4. The appellant herein is the petitioner and the respondents herein are the respondents in the petition out of which this appeal arises.

5. The appellant is a Charitable Trust registered under the provisions of the Bombay Public Trust Act, 1950. The appellant has set up a Heart Hospital in Ahmadabad. The commencement of the project of the appellant's hospital began in the year 2014 (05.05.2014).

6. On 27.09.2014, the appellant filed an application under Section 35AC of the Income Tax Act, 1961 (hereinafter referred to as "the Act) to the National Committee for Promotion of Social and Economic Welfare, Department of Revenue, North Block, New Delhi (hereinafter referred to as “the Committee") for grant of ap























































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