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2013 (7) TMI 261

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..... eld that:- Petitioner having not explained the rules and regulations more appropriately, relating to the collection of donations from pupils contrary to provisions of Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, coupled with the failure to explain, with material particulars, over the discretion to be exercised by the Executive Committee over such donations, no exce .....

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..... nder Section 10 (23C) (vi) of the Income Tax Act, 1961, when rejected by order dated 28.8.12 Annexure-A of the Chief Commissioner of Income Tax (for short the CCIT), Bangalore-III, has resulted in this petition. 2. The only submissions of learned counsel for the petitioner is that the CCIT having considered all relevant material documents such as the memorandum of bylaws of the petitioner-Socie .....

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..... n existing solely for educational purposes and not for purposes of profit, other than those mentioned in subclause (iiiab) or sub-clause (iiiad) and which may be approved by the prescribed authority; xxxx 5. The exemption from the application of the Act is available to any University or educational institution imparting education if it is not for the purpose of profit. The CCIT having extr .....

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..... ordingly, rejected the request of the petitioner. 6. Petitioner having not explained the rules and regulations more appropriately, relating to the collection of donations from pupils contrary to provisions of Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, coupled with the failure to explain, with material particulars, over the discretion to be exercised by the Exec .....

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