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2016 (1) TMI 123

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..... society is dismissed. - Decided against assessee. - ITA No.974/Bang/2015 - - - Dated:- 13-11-2015 - SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER For The Appellant : Shri Suresh Muthukrishna, C.A For The Respondent : Smt. Rukmani Attri, JCIT ORDER PER INTURI RAMA RAO, ACCOUNTANT MEMBER The appeal is filed by the assessee directed against the order of Commissioner of Income-tax (Appeals) 14, LTU, Bangalore dated 12/3/2015 for the assessment year 2011-12. 2. The assessee raised the following grounds of appeal : (1) The orders of the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidence, probabilities, facts and ci .....

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..... from school hospital 75,33,873 Revenue Expenditure as claimed 48,13,575 27,20,299 II. Net Surplus 2,95,38,590 Less: Revenue expenditure (excl. depreciation school expenses) 1,82,33,039 Less: Expenditure attributable to utilization of income accumulated u/s 11(2) for the AY 2010-11 38,51,441 III. Net surplus available for application 51,52,825 IV. Application for objects of trust .....

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..... he different kinds of receipts available to the appellant through donations and gifts, sale of scrap material, grants received from KHPT etc., apart from income from the hospital and the educational institutions run by the appellant, has not been appreciated and the principle of 15% accumulation on net educational income has been applied without proper mind application. To the extent the appellant receives donations, the accumulation from such receipts are to be treated in terms of the Hon ble Supreme Court s decision in case of Programme for Community Organization (Supra). The receipts from the hospital and the educational institutions, even if fixed at non commercial rates (subject to verification and recording clearly by the AO) could be .....

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