2011 (7) TMI 1256

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.... Reddy For the Respondent : Shri A.V. Raghuram ORDER Per G.C.Gupta, Vice President: This appeal by the Revenue for the assessment year 2007-08 is directed against the order of the Commissioner of Incometax (Appeals). 2. Grounds of appeal of the Revenue are as under- "(i) The order of the CIT(A) is not acceptable as it is erroneous on facts and in law. (ii) The CIT(....

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....ssee has not obtained the notification under S.10(23C)(vi) of the Act and therefore, the excess of income over expenditure was rightly brought to tax by the Assessing Officer. He relied on the order of the DDIT(E). The learned counsel for the assessee has relied on the order of the CIT(A) and has referred to the relevant portions of the appellate order of the CIT(A) in support of his submissions. ....

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....ated 4.2.2010, has held that an educational institution is entitled for exemption under S.10(23C) or under S.11, if no donation was collected from the students. We being in agreement with the order of the coordinate Bench of the Tribunal in the case of Vasavi Academy of Education (supra), direct the assessing officer to verify the aspect of donation, capitation fee etc. if any collected by the ass....