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2013 (9) TMI 333 - AT - Income TaxExemption u/s 10(23)(v) / 10(23C)(iiiad) – Nature of Society – Educational institution - Exemption u/s 10(23C)(iiiad) – Held that:- If the donations were received compulsorily for admission of students, the assessee is not entitled for exemption either u/s. 10(23C) or u/s. 11 of the IT Act. Since the lower authorities were not examined the collection of capitation fees in this case, in our opinion, the matter requires to be examined by the assessing officer whether the assessee is collecting the capitation fees from students or not and it is necessary for bringing the actual facts on record for deciding the issue effectively. - Following the decision in Vasavi Academy of Education (2010 (1) TMI 1094 - ITAT HYDERABAD), matter remanded back.
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