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2014 (1) TMI 437 - AT - Income TaxExemption u/s 10(23C) – Held that:- If donations are received compulsorily for the admission of students, by whatever name it may be called, i.e. donation, building fund, auditorium fund, etc. over and above the prescribed fee, from the students, the assessee would not be entitled for exemption either under S.10(23C) or under S.11 – Following T.M.A. Pai Foundations and others Vs. State of Karnataka & Others [2002 (10) TMI 739 - SUPREME COURT] - The institution which are collecting capitation fees for admission of students over and above the fees prescribed cannot be construed as charitable/education institution – Since the Revenue authorities have not examined the collection of capitation fees in this case for both the years – The matter was restored for re-examination of the fact whether the assessee is collecting the capitation fees from students or not.
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