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2010 (1) TMI 1094 - AT - Income TaxScope of Section 10(23C) – Monitoring Mechanism – Alternate Availability of Section 10(23C)(vi) and Section 11 - Approval of the Prescribed Authority - Held that:- The assessee was not entitled for exemption either u/s 11 or u/s 10(23C) in case it collected any money by whatever name it was called i.e., donation, building fund, auditorium fund etc. etc., over and above the prescribed fee for admission of students - The order was set aside the orders of the lower authorities and remit back the matter to the file of assessing officer with a direction to assessing officer that he shall reconsider the entire issue - The matter required to be examined by the assessing officer whether the assessee was collecting the capitation fees from students or not and it was necessary for bringing the actual facts on record for deciding the issue effectively. T.M.A. Pai Foundations and others Vs. State of Karnataka & Others [2002 (10) TMI 739 - SUPREME COURT ] - the institution which were collecting capitation fees for admission of students over and above the fees prescribed cannot be construed as charitable/education institution - the fees collected over and above the prescribed fee for admission of the student had to be constructed as capitation fee - the concerned university and regulated body had to take action for withdrawal of the recognition in case it was found that the educational institution received any money over and above the fees prescribed for the courses - Decided in favour of Revenue.
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