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2010 (2) TMI 970 - AT - Income TaxExemption u/s 11 - Collection of capitation fees - over and above the fees prescribed - charitable/education institution - HELD THAT:- 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. We set aside the orders of the lower authorities and remit back the matter to the file of AO with a direction that he shall reconsider the entire issue in the light of judgement of Supreme Court in the case of M/s Islamic Academy of Education & Another Vs. State of Karnataka and Another [2003 (8) TMI 469 - SUPREME COURT], and in the case of T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others [2002 (10) TMI 739 - SUPREME COURT], and find out whether the assessee has received any money over and above the fees prescribed and thereafter decide the issue afresh in accordance with law after giving reasonable opportunity of hearing to the assessee . We make it clear that the assessee is not entitled for exemption either u/s 11 or u/s 10(23C) in case it collected any money by whatever name it is called i.e., donation, building fund, auditorium fund etc. etc., over and above the prescribed fee for admission of students. Revenue’s appeal is allowed for statistical purpose.
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