2012 (8) TMI 401

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..... s as grant-in-aid and further amounts of Rs.1,23,24,000/- and Rs.60,000/- or receipts not liable to tax. The Assessing Officer included these sums in the computation of income. In the assessee's appeal the Appellate Commissioner held that the assessee was charged with duty of implementing a scheme of industries in Delhi which had been formulated by the Delhi Government and as a developing agency and not as the owner of this scheme. It had been given the grant only for implementing the scheme. The CIT (Appeals) on this reasoning directed the cancellation of the addition of Rs.4.1 crores. The ITAT confirmed this finding as well as the other findings. As far as the maintenance receipts of Rs.1,23,84,000/- and the sum of Rs.60,000/- is concerne .....

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..... ores is concerned, we find that there is no substantial question of law. We notice that the Tribunal had reasoned as follows: "12. We have heard both the counsel and perused the records. We find that Ld. Commissioner of Income Tax (Appeals) has given a factual finding upon going through the relevant documents in this regard. That these amounts have been sanctioned to the assessee under the scheme titled „Assistance to States for Development of Export Infrastructure‟ and other allied activities. The Ld. Commissioner of Income Tax (Appeals) has also found that sanction order lay down the condition that the assessee would not incur any administrative expenditure out of the funds so allocated. The assessee has also submitted copy o .....

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..... ards maintaining the low cost housing or residential scheme which the assessee undertook on behalf of the Government of NCT. It is a matter of record that some surplus were left over after the actual expenditure were incurred. There is no doubt that in the previous years the revenue did include these amounts in the assessments which were directed to be deleted by the Tribunal. The standing counsel says that the orders of the Tribunal have become final. However, the essential characteristic as an income or sums received by the assessee cannot be denied. There is no trust under which the assessee can be said to hold the receipts. The assessee is collecting the maintenance charges for maintaining the properties of the housing scheme, and obvio .....

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