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2016 (7) TMI 108 - AT - Income TaxAddition U/s 115BBC - Anonymous donations - Held that:- Confirmation obtained from donors during the course of remand proceedings, therefore, impugned donations are no more anonymous in nature (II) Voluntary contributions made with a specific direction to form part of the corpus is not treated to be as income - The impugned donations are no more anonymous in nature. Decided in assessee’s favour. Addition of admission fees - Held that:- The assessee-trust passed resolutions for obtaining admission fee separately from its students with specific stipulation that the same would be used in educational funds. The Revenue has not been able to dispel correctness thereof in course of arguments. There is further no evidence that assessee’s students or for that their parents were ever forced to pay the impugned admission fees as alleged by the lower authorities. It is thus clear that the assessee has obtained the impugned admission fees as per its resolutions to be utilized in its educational activities only. Hon’ble jurisdictional high court in CIT vs. S.V. Vanik Jain Sangh [2002 (7) TMI 34 - GUJARAT High Court] is of the view that a voluntary contribution made with specific direction to form part of the corpus is not treated to be as income. Same appears to be the ratio of hon’ble Delhi high court DIT vs. NASS COM [2012 (5) TMI 204 - DELHI HIGH COURT ] holding that a one time admission fee paid by members to be spent only for acquiring capital asset is a corpus donation not taxable as income. - Decided in favour of assessee.
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