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TMI Blog2018 (12) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... be apportioned towards any other purpose or not, could be considered only during the assessment proceedings. Considering of the application is quite different from the assessment of the income of the assessee. Therefore, at this stage, it is suffice to hold that the conditions for grant of exemption have been satisfied by the assessee. The Tribunal was justified on facts and in law to pass the impugned order. Under these circumstances, we concur with the view of Tribunal. Tribunal was justified in coming to the conclusion that the assessee is entitled for registration under Section 12-A. The substantial question of law is answered in favour of the assessee - Income Tax Appeal No. 44 OF 2014 - - - Dated:- 20-11-2018 - MR. RAVI MALIM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeding. Aggrieved by the said order, the present appeal is filed. 2. By the order dated 22-9-2014 the appeal was admitted to consider the following 4 substantial questions of law:- i) Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in holding that the Appellate Trust is not eligible for renewal of approval under Section 80G? ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in law failing to hold that the Appellant Trust is eligible for automatic renewal of approval under section 80G? iii) Whether on the facts and in the circumstances of the case, the Tribunal was right in perversely holding that the Appellant Trust was not engaged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this is not the stage to consider whether the application is to be renewed or not. 4. In support of his case he relies on the Judgment of this Court in the case of DIRECTOR OF INCOME-TAX vs. GARDEN CITY EDUCATIONAL TRUST reported in [2010] 191 TAXMAN 238(KAR) and the subsequent authority in the case of DIRECTOR OF INCOME TAX vs. M/s. VENKATESHA EDUCATION SOCIETY reported in 2012-TIOL-561-HC-KAR-IT, wherein it was held that the two relevant considerations are that the authority should firstly satisfy itself that the objects of the Trust should be in the nature of charitable purposes and secondly whether the activities of the Trust are genuine. So far as the object of the Trust is concerned, so long as it fits into any one of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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