IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.A. No.165 of 2011 (O&M) Date of decision: 6.7.2011 Commissioner of Income Tax -----Appellant Vs. Market Committee, Fatehabad -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Yogesh Putney, Sr. Standing counsel for the Revenue. --- ADARSH KUMAR GOEL, ACJ This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (for short, “the Act”) against the order of Income Tax Appellate Tribunal, Delhi Bench “F”, New Delhi dated 18.7.2009 in I.T.A. No.1413/Del/09 for the assessment year 2006-07 proposing following questions of law:- “i) Whether on the facts and in the circumstances of the case, the learned CIT(A) was justified in allowing payment of 30% of Market fees earned by it paid to Haryana Agricultural Marketing Board as application of income for charitable purpose, despite the finding that 30% of the market fee has to be paid to the said Board as a statutory obligation under the Agricultural Marketing Board Act, and therefore, it is not application of income, but it is sharing of Income by an overriding title as per the Act by which the Market Committee is governed?” I.T.A. No.165 of 2011 ii) “Whether on the facts and circumstances of the case, the learned ITAT was justified in holding that the assessee has fulfilled the mandatory requirements of section 11(2) without specifically mentioning the definite purpose or purposes of accumulation in form No.10.” Learned counsel for the appellant fairly states that as far as question (1) is concerned, the same is covered against the revenue by judgment of this Court dated 5.7.2010 in I.T.A. No.151 of 2010 in CIT v. Market Committee, Narwana and as far as questions (2) is concerned, the same is covered against the revenue by judgment of this Court dated 28.1.2011 in I.T.A. No.823 of 2010 Commissioner of Income Tax, Hisar v. Market Committee, Sohana. Accordingly, the appeal is dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE July 06, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2