1. By way of this appeal, the appellant has assailed the judgment and order of the tribunal whereby tribunal has allowed the appeal of the assessee.

2. Counsel for the appellant has framed following substantial question of law arises.

(i) Whether on the facts and in the circumstances of the case and in law the Hon'ble ITAT is right in not appreciating the facts that the assessee has violated the condition No.2 mentioned in the order of approval granted u/s 10(23C)(vi) of the Act according to which "the assessee will not invest or deposit its funds (other than voluntary contribution received and maintained in the form of jewellery, furniture etc.) for any period during the previous year relevant to the assessment years mentioned specified in sub-section (5) of section 11 of the Act"

(ii) Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT is right in setting aside the order passed by CIT(E) inspite of the fact that the assessee has not invested its funds in the modes specified u/s 11(5) of the IT Act, 1961

(iii) Whether on the facts and