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2021 (10) TMI 26 - AT - Income TaxExemption u/s 11 and 12 - guidelines laid down by AICTE Regulations have not been followed with respect to admissions to NRI quota and interest of unsuspecting innocent and uninformed students has been harmed - Whether CIT(A) was correct in not appreciating that even though the assessee does not strictly fall in the ambit of the AICTE Act, it is bound to follow the spirit of law on admission to NRI quota, which has not been adhered to and thus the assessee was rightly held not eligible for exemption u/s 11 and 12 of the Act? - HELD THAT:- As mentioned earlier, no adverse inference has also been given as regards fee concession/ scholarships given to students, details of which are available on record whereas in the case of P.A. Inamdar v. State of Maharashtra [2005 (8) TMI 614 - SUPREME COURT] have held that differential fee structure is allowable pay higher fees could be charged from richer students with the purpose of subsidising the students from economically weaker section. The denial of exemption under section 11 and 12 by the Assessing Officer cannot be sustained. Assessing Officer is directed to allow exemption under section 11 and 12 with all consequential benefits. - Decided against revenue.
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