DELHI CHINMAYA SEWA TRUST,DELHI vs. ACIT, CIRCLE EXEMPT 1(1), DELHI

Coming to the sole substantive issue herein between the parties, it transpires during the course of hearing that both the learned lower authorities have assessed the assessee’s development & maintenance charges collection of Rs. 43,24,868/- appellate discussion.

That being the case, learned counsel has first of all filed the Delhi state government’s notification/ order dated 11.02.2009 issued u/s 17 read with section 24 of the Delhi School Education Act, 1973 and draws my attention to its clause no. 14 that such development fee in fact is meant for capital assets than revenue in nature. This tribunal’s order in Maharishi Markandeshwar Trust v. ACIT dated to 1972/Del/2021 has also reiterated the very principle. I, therefore, see no merit in the lower authorities’ findings assessing the impugned development & maintenance charges collection as taxable under the provisions of the Act. Deleted accordingly.