JUDGMENT - Mrs. SUJATA MANOHAR, J.:---This writ petition challenges the letters addressed by the Income-tax Department to the petitioners at Exhibits 'C','E' and 'G' under which the department has said that on going through the agreement of sale it is found that the sale is subject to the approval of the Charity Commissioner and the Reserve Bank. Without such an approval the sale cannot take place and hence Form No. 37-I which is filed is treated as invalid. The agreement of sale in respect of the immovable property in question is between a public trust which is registered under the Bombay Public Trusts Act, 1950 and the purchasers, who are the petitioners. Under section 36 of the Bombay Public Trusts Act, 1950 and the purchasers, who are the petitioners. Under section 36 of the Bombay Public Trust Act, no sale of any immovable property belonging to a public trust registered under the Act 'shall be valid without the previous sanction of the Charity Commissioner.'

2. Section 269UC of the Income-tax Act provides that no transfer of immovable property of value exceeding Rs. 5 lakhs shall be effective except after an agreement of transfer is entered into as prescribed therein, at least

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