DEEPAK SIBAL,J. - (1.) The present appeal under Section 260-A of the Income Tax Act, 1961 (for short - the Act) is at the instance of the Revenue to challenge therein the order of the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (for short - the Tribunal), through which, the Tribunal set aside the order of the Commissioner of Income Tax, Jalandhar-I, Jalandhar (for short - the Commissioner), which had rejected the claim of the respondent-assessee to renew the exemption granted to it under Section 80G of the Act.
(2.) Through the present appeal, the following substantial questions of law were sought to be raised :- "I. Whether on the facts and circumstances of the case ITAT was justified in canceling the order dated 22.09.2009 of Commissioner of Income Tax, Jalandhar-I, Jalandhar wherein approval u/s 80G(5)(vi) of the Income Tax Act, 1961 was denied to the assessee for the period of five years commencing from 2010-11. II. Whether on the facts and circumstances of the case ITAT was justified in non recording of finding in respect of violation of the provisions of section 80G(5)(iii) read with explanation 3 to section 80G(5C) of the Income Tax Act, 1961 without appreciating the fact that the grant of approval u/s 80G (5)(vi) of the Income Tax Act, 1961, all the conditions as laid down u/s 80G(5)(i) to 80G(5)(v) are to be fulfilled. III. Whether the Ld. ITAT was justified in cancelling the impugned order dated 22.09.2009 without taking into consideration the observations made by Commissioner of Income Tax, Jalandhar-I, Jalandhar in para 7.1 and 7.2 of his order. IV. Whether the ITAT was justified in cancelling the impugned order dated 22.09.2009 granting approval u/s 80G(5) (vi) by referring to previous years of the Income Tax Act, 1961 when doctrine of res judicata is not applicable to the provision of Income Tax Act. V. Whether the ITAT was right in law in not considering that the capital expenditure other than the various modes specified in section 11 of the Income Tax Act cannot be considered to be the right mode investing or depositing specified in section 11(5) of the Income Tax Act."
(3.) It is agreed by learned counsel for the parties that the answer to Question no. 1 would answer all the above questions.;