The Commissioner Of Income Tax v. Market Committee, Dabwali

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.31 of 2011 Date of decision: 7.4.2011 The Commissioner of Income Tax. Vs. Market Committee, Dabwali. -----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,Chandigarh dated 26.5.2010 in ITA No.407/Chd./2010 for theassessment year 2007-08 claiming following substantial questionof law:- “Whether on the facts and in the circumstances of thecase, the learned ITAT was justified in holding that theexpenditure of Rs.60,62,461/- claimed to have beencontributed to HSAM Board under statutory obligationby virtue of Section 27 of the Punjab AgriculturalProduce Market Act, 1961 is allowable withoutappreciating that no evidence could be produced by the assessee to prove that such expenditure wasactually incurred and whether such contribution canbe treated to fall within the ambit of application ofincome for charitable purposes as defined in section 2(15) of the Income-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, the appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE April 07, 2011ashwani ( AJAY KUMAR MITTAL ) JUDGE