2012 (6) TMI 833

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....w and. (ii) The CIT(A) erred in holding that the assessee is eligible for exemption u/s. 11 of the I.T. Act and the exemption u/s. 11 can be alternatively claimed. (iii) The CIT(A) ought to have confirmed the assessment as it is mandatory on the part of the assessee to obtain notiafication u/s. 10(23(C)(iv) of the I.T. Act. (iv) The decision of the ITAT in St. Therasa's Society has not been accepted by the department and the appeal u/s. 260A has been preferred before the High Court. (v) The CIT(A) erred in holding that the assessee is entitled to claim depreciation of Rs. 72,73,447/- for the A.Y. 2007-08. (vi) The CIT(A) ought to have sustained the disallowance of depreciation in the light of the decision of the Supreme Court....

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....ional Bench of Apex Court in the case of T.M.A. Pai Foundations and others Vs. State of Karnataka & Others (2002) 8 SCC 481 examined the issue of collection of capitation fees for the admission of students over and above fees prescribed by the private institution and held that the institution which are collecting capitation fees for admission of students over and above the fees prescribed cannot be construed as charitable/education institution. Apex Court further observed that the fees collected over and above the prescribed fee for admission of the student has to be constructed as capitation fee. The Apex Court, further observed that the concerned university and regulated body has to take action for withdrawal of the recognition in case it....

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....d Others Vs. State of Karnataka and Others (Supra), and find out whether the assessee has received any money over and above the fees prescribed and thereafter decide the issue afresh in accordance with law after giving reasonable opportunity of hearing to the assessee. We make it clear that the assessee is not entitled for exemption either u/s 11 or u/s 10(23C) in case it collected any money by whatever name it is called i.e., donation, building fund, auditorium fund etc. etc., over and above the prescribed fee for admission of students. 5. The next issue involved in this appeal relates to the addition made on account of depreciation claimed by the assessee. The Assessing Officer has observed that the trust had claimed deduction on account....