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2023 (10) TMI 1322 - DELHI HIGH COURTAccrual of income - Money received under Marketing Assistance Programme [“MAP”] - HELD THAT:- A perusal of the clauses would show, as noted by the Tribunal, even for AY 2011-12 [2018 (10) TMI 1888 - ITAT DELHI], that the amount received by the respondent/assessee in his capacity as a distributor was passed on to sub-contractors as and when they lifted the goods in issue. Clause 6 of the MAP agreement, would show that the amount received under the MAP agreement by assessee was conditional and was liable to be returned to Exxon in certain situations, as indicated in sub-clauses (a) to (f) of clause 6. It is also surprising that the AO chose to treat only the difference between the amounts received and spent, as income. In our view. if the amount received was income of the respondent/assessee, then the entire amount should have been treated as income. AO has noted that the aforementioned amount is treated as gross receipt of the respondent/assessee. AO, by treating sum as the gross receipts has, in a sense, indicated that the amount did not bear the attribute of income - no substantial question of law arises for consideration.
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