Commissioner Of Income Tax v. Market Committee, Ratia

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.829 of 2010 Date of decision: 24.2.2011 Commissioner of Income Tax Vs. Market Committee, Ratia. -----Appellant. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Mr. Yogesh Putney, Sr.Standing Counselfor the appellant. --- ADARSH KUMAR GOEL, J. This appeal has been preferred by the revenue underSection 260-A of the Income Tax Act, 1961 (for short, “the Act”)against the order of the Income Tax Appellate Tribunal, NewDelhi in I.T.A. No.467/Del/2008 for the assessment year 2005-06proposing following substantial question of law:- “Whether on the facts and in the circumstancesof the case, the learned ITAT was justified in holdingthat the expenditure of Rs.80,92,270/- claimed tohave been contributed to HSAM Board under statutoryobligation by virtue of Section 27 of the PunjabAgricultural Produce Market Act, 1961 is allowablewithout appreciating that no evidence could beproduced by the assessee to prove that suchexpenditure was actually incurred and whether such contribution can be treated to fall within the ambit ofapplication of income for charitable purposes asdefined in section 2(15) of the Income-tax Act?” Learned counsel for the revenue fairly states that thematter is covered against the revenue by order of this Court dated5.7.2010 in I.T.A. No.151 of 2010 CITv. Market Committee,Narwana. Accordingly, the appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE February 24, 2011ashwani ( AJAY KUMAR MITTAL ) JUDGE