Q/ Income Tax Appeal No. 215 of 2011 1(' . . / IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIG/\RH. ' " Income Tax Appeal No. 215 of 2011 Date of decision: 22.7.2011 The Commissioner of Income Tax, Kamal . --- Appellant Versus I- ~ ::J 0 U :I: ~-:I:« Z ~ ~ <C :r: Cz <3: OJ«-,z::J a. 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 the appellant-revenue. . AJAY KUMAR MITTAL, J. This appeal under Section 260A of the Income-Tax Act, .' 1961 (for short "the Act") has been filed by the revenue against the order dated 30.9.2010, passed by the Income Tax Appellate Tribunal Delhi Bench IE', New Delhi (in short "the Tribunal") in ITA No. 3540/0el/2010, relating to the assessment year 2004-05. 2. The following substantial question of law has been claimed for determination of this Court: "Whether on the facts and in the circumstances of the case, the Ld. ITAT was justified in dismissing the appeal of the Revenue on the issue regarding the action of the r f- a::: ::> 0u :r.: C!) -:I: «z~ ~« :r.: cz« QJ cd: J Z ::J a.. -, "", ","~",~""",:"",,-,,,,__,""-_,"XP.H__~!_i!!!llm~,!,,-- Income Tax Appeal No. 215 of 2011 2 3. CIT(A) in directing the AO to allow the adjustment of the excess amount of application of income of previous years as application of income in the current year, despite there being no provision in Sections 11 to 13 of the Act in this regard?" It is fairly conceded by the learned counsel for the appellant-revenue that the issue raised in this appeal is covered by the earlier judgment o(this 'Court in Income Tax Appeal No.' 238 of 2010 (The Commissioner of Income-tax VS. Market ':;omm.ittee, Karnal) decided on 28.7.2010 whereby the appeal preferred by the revenue has been dismissed. 4. July 22, 2011 *rkmalik* In view of the above, the appeal is dismissed.