The Commissioner Of Income-Tax, Karnal v. Ita

ITA No.945 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. Date of Decision:-5.2.2009 The Commissioner of Income-tax, Karnal ---Appellant Versus Market Committee, Nissing, Distt. Karnal. ---Respondent CORAM:- HON'BLE MR.JUSTICE J.S.KHEHAR HON'BLE MR.JUSTICE NAWAB SINGH Present:-Mr.Yogesh Putney, Senior Standing Counsel for the appellant.J.S.KHEHAR, J.(ORAL) Learned counsel for the appellant very fairly states that thecontroversy involved in the instant appeal has been adjudicated upon by thisCourt in Commissioner of Income Tax-II, AmritsarVersus MarketCommittee, Dhariwal (ITA No.654 of 2005 decided on 14.3.2007). Learned counsel for the appellant has expressly invited ourattention to the following substantial question framed by the appellant in thegrounds of appeal:- “Whether on the facts and in the circumstances of the case,the Hon'ble ITAT was right in law in holding that theMarket Committee is a Charitable Trust/Institution withinthe meaning of section 2(15) of the Income-tax Act,particularly when the legislature has clarified the charitableactivities by inserting proviso to section 2(15) of the Act bythe Finance Act, 2008?” ITA No.945 of 2008 2 It is the submission of the learned counsel for the appellant that theaforesaid question may be left undecided for being raised in an appropriatecase. Prayer made by the learned counsel for the appellant isaccepted. The instant appeal is dismissed in terms of the order passed bythis Court in ITA No.654 of 2005. (J.S.Khehar) Judge (Nawab Singh) 5.2.2009 JudgeAS