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

Income-tax Appeal No.825 of 2010-1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Income-tax Appeal No.825of 2010 Date of decision: 28.1.2011 Commissioner of Income-Tax, Hisar ...Appellant Versus Market Committee, Jakhal ...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 Appeal has been preferred by the revenue underSection 260A of the Income Tax Act, 1961 (hereinafter referred to as“the Act”) against order dated 18.6.2009 passed by the Income TaxAppellate Tribunal, Delhi Bench 'F', New Delhi in ITANo.1411/Del/09, for the assessment year 2006-07, raising followingsubstantial question of law:- “Whether on the facts and in the circumstances ofthe case, the learned CIT(A) was justified inallowing payment of 30% of Market fees earned byit paid to Haryana Agricultural Marketing Board asapplication of income for charitable purpose, despitethe finding that 30% of the market fee has to be **** paid to the said Board as a statutory obligationunder the Agricultural Marketing Board Act, and,therefore, it is not application of income, but it issharing of Income by an overriding title as per theAct by which the Market Committee is governed?”Learned counsel for the revenue very fairly states thatquestion raised has been decided against the revenue by this Courtvide order dated 5.7.2010 in ITA No.151 of 2010 (Commissioner ofIncome-Tax, Hisar Vs. Market Committee, Narwana). In view of above, no substantial question of law arises.The appeal is dismissed. (Adarsh Kumar Goel) Judge January 28,2011Pka (Ajay Kumar Mittal) Judge