July 3, 2012
NEW DELHI: Running a clinic from one's residence can't be labelled a commercial activity, the Delhi high court has said, granting relief to a doctor who was facing trial for the offence.
Justice Suresh Kait on Monday quashed a criminal case lodged against the doctor saying he wasn't liable to be prosecuted for running the clinic. HC also said that the clinic was in any case shut down many years ago. "The professional establishment of a doctor cannot come within the definition of commercial activity....the word 'profession' used to be confined to the three learned professions; the Church, medicine and law. There is a fundamental distinction between professional activities and commercial activities," Justice Kait said.
Source: http://articles.timesofindia.indiatimes.com/2012-07-03/delhi/32522621_1_clinic-doctor-criminal-case
NEW DELHI: Running a clinic from one's residence can't be labelled a commercial activity, the Delhi high court has said, granting relief to a doctor who was facing trial for the offence.
Justice Suresh Kait on Monday quashed a criminal case lodged against the doctor saying he wasn't liable to be prosecuted for running the clinic. HC also said that the clinic was in any case shut down many years ago. "The professional establishment of a doctor cannot come within the definition of commercial activity....the word 'profession' used to be confined to the three learned professions; the Church, medicine and law. There is a fundamental distinction between professional activities and commercial activities," Justice Kait said.
Source: http://articles.timesofindia.indiatimes.com/2012-07-03/delhi/32522621_1_clinic-doctor-criminal-case
can the municipal authorities charge commercial tax on such premises when it is established that it is not a commercial activity
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