2019 (1) TMI 376

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.... the courses, such as, IIT, NIT, Medical College admissions. For the purpose of attracting the maximum number of students, the appellants are advertising their courses and for promoting their business, they have devised certain innovative schemes. There is a programme of scholarship to the meritorious students. This scholarship is provided by way of percentage concession in the course fee which is otherwise normally fixed and charged from all the candidates in the normal courses of business. The scholarship which is nothing but a concession in the fee charged by the appellant in the normal course of their business. The department has entertained a view that the amount of concession in the name of scholarship given by the appellant to its va....

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....ount charged from such students and the appellant has not received any other consideration whether monetary or otherwise except fee from the students and, therefore, the gross amount is primarily the fee amount which has been charged by the appellant from the students and, therefore, it has been contended that there is no violation of provisions of Section 67 (1) I of the Finance Act, 1994. 4. It has further been added that scholarship/discount/fee concession which is being offered by the appellant to all the students and same is mentioned in their prospectus itself and same is universally available and applicable to all the students who seek admission into their institute and qualifying as per the criteria for such concession or scholar....

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....le to such transaction. (b) the Original Authority referred to Rule 3 of the Valuation Rules presuming that there is a non-monetary consideration. When there is a declared policy available to any candidate fulfilling certain criteria the same cannot be considered as a transaction influencing the actual money payment. (c) the penalties imposed are also not sustainable in the facts and circumstances of the case. 4. The learned AR submitted that the fees normally fixed are determined and applicable to all candidates. For certain type of candidates whose profile can be used by the appellants for business promotion certain concessions are given. He supported the findings of the lower authorities to the effect that his transa....