https://www.taxtmi.com/caselaws?id=233516 An educational institution cannot claim exemption under section 11 or section 10(23C) if it has compulsorily collected amounts over and above the prescribed fee from students, because such receipts may amount to capitation fee; the matter was remitted for verification of the factual position. Depreciation is not allowable where the full cost of the asset has already been treated as application of income under section 11, but it may be granted if that cost was not previously allowed; this issue was also sent back for asset-wise examination. The Revenue's appeal therefore succeeded only to the extent of remand on both issues. en-us Fri, 08 Feb 2013 00:00:00 +0530 Sat, 04 May 2013 08:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233516 An educational institution cannot claim exemption under section 11 or section 10(23C) if it has compulsorily collected amounts over and above the prescribed fee from students, because such receipts may amount to capitation fee; the matter was remitted for verification of the factual position. Depreciation is not allowable where the full cost of the asset has already been treated as application of income under section 11, but it may be granted if that cost was not previously allowed; this issue was also sent back for asset-wise examination. The Revenue's appeal therefore succeeded only to the extent of remand on both issues. Case-Laws Income Tax Fri, 08 Feb 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233516