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2012 (2) TMI 159

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..... he above appeal, at the instance of the Revenue, challenges the order of the Income Tax Appellate Tribunal, Chennai Bench "B", made in I.T.A. No.110/Mds/2011 dated 13.06.2011, raising the following substantial questions of law:-   "1.Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the assessee trust is entitled to .....

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..... oner of Income Tax, for the grant of registration of the Trust on the ground that the object of the Trust was religious. The Commissioner of Income Tax considered the said application and rejected the same by its order dated 11.11.2010 on the ground that the Trust was spending money in receipts towards religious and administrative purposes. According to the Commissioner of Income Tax, the activiti .....

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..... al failed to appreciate the activities claimed to have been carried out by the assessee are admixture of both religious and charitable in nature. It is also further contended that the Commissioner of Income Tax made an enquiry as contemplated under Section 12AA[1][b][ii] of the Act and passed an order and the same is in accordance with law. It is also contended that the assessee is not entitled to .....

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..... the income--   [a] income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in India; and, where any such income is accumulated or set apart for application to such purposes in India, to the extent to which the income so accumulated or set apart is not in excess of fifteen per cent of the income .....

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..... erial evidence. The finding of the Tribunal is not perverse and it is a question of fact. Therefore, we find no ground to cause our interference into the order passed by the Tribunal. Accordingly, the order passed by the Tribunal is confirmed and both the substantial questions of law raised herein are answered against the Revenue.   7. In the result, the appeal is devoid of merits and hence .....

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