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TMI Blog2011 (7) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... pta, 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(A) erred in holding that the assessee is eligible for exemption u/s. 11 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, 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. 4. We have considered the rival submissions carefully. We find that it is now s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 assessee, and further direct that if it is found that besides fulfilling other prereq ..... X X X X Extracts X X X X X X X X Extracts X X X X
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