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Income Tax - Highlights / Catch Notes

Home Highlights February 2018 Year 2018 This

Exemption u/s 11 and 12 - Educational institution - charging ...

Income Tax

February 28, 2018

Exemption u/s 11 and 12 - Educational institution - charging fees from the students - as per CIT(A), since sources of income are students, therefore, students cannot be reckoned as ‘property held under the trust’ and activity of imparting education also cannot be reckoned as property. - order of CIT(A) is not legal - exemption allowed - AT

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  1. Entitlement for exemption u/s 10(23C)(vi) – Exemption u/s 11 – Deposits and donations added – Nature of the Institution – Educational OR profit motive - exemption allowed - AT

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  3. Educational exemption - income from in non-educational activities like horticulture - utilized in the educational activities of the institutions - exemption allowed - HC

  4. Educational Institution or not - introduction of the IIM Act wef 31/01/2018 - The Applicant is an ‘educational institution’ - Benefit of exemption is available to the applicant.

  5. Nature of assessee – simply because the students have to read the Quran and do prayers and have specific dress code, it cannot be said that it is not an educational...

  6. Validity of Show Cause Notice (SCN) - Levy of service tax - fees collected by them towards internet fee and skill development fee - educational institution - HC declined...

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  8. Taxability - research projects - educational programs - The case involved disputes regarding the taxability of fees for a post-graduate program and externally funded...

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