Commissioner Of Income Tax v. Market Committee, Tohana

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. Commissioner of Income Tax Vs. Market Committee, Tohana I.T.A. No.187 of 2011 Date of decision: 12.7.2011 -----Appellant -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Mr. Yogesh Putney, Sr. Standing counselfor the Revenue. ---for the Revenue. --- ADARSH KUMAR GOEL, ACJ This appeal has been preferred by the revenue underSection 260A of the Income Tax Act, 1961 (for short, “the Act”)against the order of Income Tax Appellate Tribunal, Delhi Bench“E”, New Delhi dated 25.6.2010 in I.T.A. No.1746/DEL/2010 forthe assessment year 2007-08 proposing following question oflaw:- “1.Whether on the facts and in the circumstancesof the case, the Hon’ble ITAT was justified inholding that the expenditure of Rs.1,41,62,401/-claimed to have been contributed to HSAMBoard under statutory obligation by virtue ofSection 27 of the Punjab Agricultural ProduceMarket Act, 1961 is allowable withoutappreciating that no evidence could beproduced by the assessee to prove that suchexpenditure was actually incurred and whethersuch contribution can be treated to fall within theof the case, the Hon’ble ITAT was justified inholding that the expenditure of Rs.1,41,62,401/-claimed to have been contributed to HSAMBoard under statutory obligation by virtue ofSection 27 of the Punjab Agricultural ProduceMarket Act, 1961 is allowable withoutappreciating that no evidence could beproduced by the assessee to prove that suchexpenditure was actually incurred and whethersuch contribution can be treated to fall within the ambit of application of income for charitablepurposes as defined in section 2(15) of theIncome-tax Act? Learned counsel for the appellant fairly states that thematter is covered against the revenue by judgment of this Courtdated 5.7.2010 in I.T.A. No.151 of 2010 in CIT v. MarketCommittee, Narwana Accordingly, this appeal is dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE July 12, 2011ashwani ( AJAY KUMAR MITTAL ) JUDGE