The Commissionerof Income Tax,Kamal v. Market Committee,Kamal
High Court
22 Jul 2011 In favour of: Assessee
Forum / Bench
High Court · phhc
Parties
The Commissionerof Income Tax,Kamal v. Market Committee,Kamal
Date of order
22 Jul 2011
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissionerof Income Tax,Kamal v. Market Committee,Kamal, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: This appealunder Section 260A of the Income-TaxAct,.'1961 (for short "the Act") has been filed by the revenueagainsttheorder dated 30.9.2010, passed by the Income Tax Appellate TribunalDelhi BenchIE', New Delhi (in short"the Tribunal")in ITA No.3540/0el/2010,relating to the assessmentyear 2004-05.2....
Decision: 4.In view of the above, the appeal is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IncomeTax Appeal
No. 215 of 2011
..
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIG/\RH.
Income Tax Appeal No. 215 of 2011Date of decision: 22.7.2011
The Commissionerof Income Tax,Kamal.
--- Appellant
Versus
Market Committee,Kamal
--- Respondent
CORAM:HON'BLE MR. JUSTICE ADARSH KUMAR GOEL.ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE AJAY KUMAR MITT/\L
Present:Mr. Yogesh Putney, Senior Standing Counsel for theappellant-revenue..appellant-revenue..
AJAY KUMAR MITTAL, J.
This appealunder Section 260A of the Income-TaxAct,.'1961 (for short "the Act") has been filed by the revenueagainsttheorder dated 30.9.2010, passed by the Income Tax Appellate TribunalDelhi BenchIE', New Delhi (in short"the Tribunal")in ITA No.3540/0el/2010,relating to the assessmentyear 2004-05.2.Thefollowing substantialquestionof law hasbeenclaimed for determination of this Court:
"Whether on the facts and in the circumstancesof thecase, the Ld. ITAT was justified in dismissing the appealof the Revenue on the issue regarding the action of the
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Income Tax Appeal No. 215 of 2011
CIT(A) in directing the AO to allow the adjustmentof theexcessamount of applicationof income of previous yearsas application of income in the current year, despite therebeing no provision in Sections11 to 13 of the Act in thisregard?"
3.It is fairly concededby thelearnedcounselfor theappellant-revenuethat the issue raised in this appealis coveredbythe earlier judgmento(this 'Court in Income Tax Appeal No.' 238 of2010 (The Commissionerof Income-taxVS. Market ':;omm.ittee,Karnal) decidedon 28.7.2010whereby the appealpreferredby therevenuehas been dismissed.appellant-revenuethat the issue raised in this appealis coveredbythe earlier judgmento(this 'Court in Income Tax Appeal No.' 238 of2010 (The Commissionerof Income-taxVS. Market ':;omm.ittee,Karnal) decidedon 28.7.2010whereby the appealpreferredby therevenuehas been dismissed.
4.In view of the above, the appeal is dismissed.
July 22, 2011*rkmalik*
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