Dismissing the petition the Court held that ; withdrawal of approval is held to be justified , as the Trust has collected capitalisation fee, carried out illegal activities and Rs 52 crores was collected as anonymous donations . Court also observed that the Trust has acted against public policy by collecting capitalisation fee which is contrary to the direction of Supreme Court . Court also held that Trust is a sham or bogus trusts cannot be held to be entitle to exemption .
Navodya Education Trust v UOI ( 2018)405 ITR 30 / 253 Taxman 412/ 302 CTR 381 / 165 DTR 16 ( Karn) (HC) Editorial: Decision of single judge is reversed Navodya Education Trust v. UOI ( 2019) 417 ITR 157 ( Karn) (HC)
S. 10 (23C): Educational institution-Withdrawal of approval- Collection of capitalisation fee- Illegal activities -Rs 52 crores was collected as anonymous donations – Sham or bogus trusts cannot be held to be entitle to exemption . [ S.10(23C) (vi) ]