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TMI Blog2016 (10) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act for the purposes of availing benefit under Section 80G of the Act. This coupled with the fact that the Revenue itself has also not taken any proceedings to have the registration cancelled, would itself imply that the Revenue does consider the Trust to be a genuine trust. It is an undisputed position before us that the respondent assessee satisfies all conditions for approval of the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration : Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in setting aside the order of the DIT (E) passed u/s 80G of the I.T. Act, 1961 dated 01.08.2012 and allowing the appeal of the assessee when it is a clear case of contravention of provisions of the BPT Act and the activities of the trust could not be considered to be genuine and in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order held that there is no dispute that the respondent assessee fully satisfied the conditions specified in Section 80G(5) of the Act for approval thereunder. It further observed that there is no requirement under the Act that a breach / contravention of the Bombay Public Trust Act, 1950 would result in the trust being disqualified from being approved under Section 80G of the Act. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gular basis. Therefore, he submits that the facts arising in the impugned order of the Tribunal give rise to substantial question of law which would require consideration. 6. We find that the impugned order of the Tribunal has on the basis of the clear provision of Section 80G of the Act recorded that the respondent assessee completely satisfies / fulfills all the conditions specified in Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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