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2018 (8) TMI 190 - ITAT HYDERABADEntitled to exemption u/s 11 and also u/s 10(23C)(vi) - assessee had collected huge extra consideration over and above the official fee - receipt of capitation fee - Held that:- The decision relied upon by the learned Counsel for the assessee i.e. the Chief Commissioner of Income Tax vs. St. Peter’s Educational Society reported in (2016 (6) TMI 536 - SUPREME COURT OF INDIA) also confirm the view that the ultimate test is whether on an overall view of the matter in the concerned A.Y, the object is to make profit as opposed to educating persons. In the case of Queen’s Educational Society vs. CIT reported in (2015 (3) TMI 619 - SUPREME COURT), the Hon'ble Supreme Court has followed its decision the case of St. Peters Educational Society (Supra) to hold that the assessee there in is eligible for exemption u/s 11 of the Act. Respectfully following the above decisions, the assessee’s appeals are treated as allowed.
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