Commissioner Of Income-Tax, Hisar v. Market Committee, Bhuna

Income-tax Appeal No.826 of 2010-1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Income-tax Appeal No.826of 2010 Date of decision: 28.1.2011 Commissioner of Income-Tax, Hisar ...Appellant Versus Market Committee, Bhuna ...Respondent CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Yogesh Putney, Advocate for the appellant. **** ADARSH KUMAR GOEL, J (Oral). 1.This order will dispose of ITAs No.824 and 826 of 2010 as it isstated that questions involved in both the appeals are same. 2.ITA No.826 of 2010 has been preferred by the revenue underSection 260A of the Income Tax Act, 1961 against order dated 18.6.2009passed by the Income Tax Appellate Tribunal, Delhi Bench 'F', New Delhiin ITA No.1412/Del/09, for the assessment year 2006-07, raising followingsubstantial question of law:- “(i)Whether on the facts and in the circumstances ofthe case, the learned CIT(A) was justified in holding thatthe expenditure of Rs.37,00,000/- claimed to have beencontributed to HSAM Board under statutory obligation byvirtue of section 27 of the Punjab Agricultural ProduceMarket Act, 1961 is allowable without appreciating that **** no evidence could be produced by the assessee toprove that such expenditure was actually incurred andwhether such contribution can be treated to fall withinthe ambit of application of income for charitablepurposes as defined in section 2(15) of the Income-taxAct, 1961? (ii)Whether on the facts and circumstances of thecase, the learned ITAT was justified in holding that theassessee has fulfilled the mandatory requirements ofSection 11(2) without specifically mentioned the definitepropose or purposes of accumulation in form No.10?” 3.Learned counsel for the revenue very fairly states thatquestion (i) is covered by the judgment of this Court dated 5.7.2010 in ITANo.151 of 2010 (Commissioner of Income-Tax, Hisar Vs. MarketCommittee, Narwana) whereas question no.(ii) is covered by the judgmentof this Court delivered today in ITA No.823 of 2010 (Commissioner ofIncome Tax, Hisar Vs. Market Committee, Tohana). 4.In view of above, no substantial question of law arises . Theappeals are dismissed. (Adarsh Kumar Goel) Judge January 28,2011Pka (Ajay Kumar Mittal) Judge