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2012 (10) TMI 1141 - AT - Income TaxEntitled for exemption either under S.10(23C) or under S.11 - Held that:- The enquiry conducted by the Assessing Officer with handful of persons does not appear to have brought out the reality of the situation as to the collection of capitation fee by the assessee - we are of the opinion that adequate enquiry should have been conducted by the lower authorities before coming to the conclusion that the assessee has charged capitation fee. Consequently the assessee deserves another opportunity to substantiate its claim before the Assessing Officer that it has not charged any capitation fee from the students. Remit the matter back to the file of the Assessing Officer for deciding the issue afresh and determine as to whether the assessee has collected capitation fee from the students, keeping in view the principles enunciated by the Apex Court and others in the judicial pronouncements discussed above
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