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2013 (12) TMI 610 - HC - Income TaxTaxability of claim for damages - Held that - When the assessee is maintaining the books of account on the basis of actual receipts then damage amount can be brought to tax as and when it will be received after finalization in the appeal pending before the Hon ble High Court - Following Commissioner of Income- Tax vs. Ghanshyam (HUF) 2009 (7) TMI 12 - SUPREME COURT - In view of insertion of section 45(5) of the Act - When the assessee-claimant is in receipt of enhanced compensation it shall be treated as deemed income and taxed on receipt basis - The year in which enhanced compensation is received is the year of taxability - Even in cases where pending appeal, the court/tribunal/authority before which the appeal is pending, permits the claimant to withdraw against security or otherwise the enhanced compensation (which is in dispute), the same is liable to be taxed under Section 45(5) of the Act in the year of receipt - No amount has been received till date by the Assessee pertaining to the damages as claimed by the assessee - Decided against Revenue.
Issues:
Appeal under Section 260-A of the Income Tax Act against the judgment and order dated 15.2.2000 passed by the Income Tax Appellate Tribunal for the Assessment Year 1996-97. Substantial question of law regarding taxation of receipts by the assessee. Applicability of mercantile system of accounting. Taxability of damages claimed by the assessee. Interpretation of provisions under Section 45(5) and Section 155(16) of the Income-tax Act, 1961. Analysis: The appeal before the High Court was filed by the Department challenging the decision of the Income Tax Appellate Tribunal regarding the taxation of receipts by the assessee for the Assessment Year 1996-97. The substantial question of law raised was whether the receipts shown by the assessee can be taxed during the assessment year or should be taxed in the year when the receipts reach finality. The case involved a civil construction job where the assessee claimed damages before the Arbitrator due to a dispute with the Executive Engineer. The Arbitrator ruled in favor of the assessee, and the matter was under appeal. The Department contended that the damages should be taxed during the assessment year, while the Tribunal suggested taxing based on actual receipts. The Department relied on the decision in P. Mariappa Gounder vs. Commissioner of Income Tax to support their argument, emphasizing the timing of accrual of the right to receive the damages. The counsel for the Department clarified that the mercantile system of accounting was not applicable in this case. On the other hand, the counsel for the assessee referred to the Tribunal's order, supporting the taxation of damages based on actual receipts. The High Court considered the case law of Commissioner of Income-Tax vs. Ghanshyam (HUF) to analyze the taxability of enhanced compensation received in multiple stages, emphasizing the year of receipt as the year of taxability. The High Court observed that since the Civil Judge had confirmed the award, which was still pending in the High Court, no amount had been received by the assessee regarding the damages claimed. Therefore, the Court directed the Assessing Officer to tax the amount received during the assessment year and the remaining amount upon actual receipt by the assessee. Consequently, the substantial question of law was answered in favor of the assessee, leading to the disposal of the Department's appeal. The judgment clarified the tax treatment of damages claimed by the assessee, highlighting the importance of actual receipts and the timing of taxability under the relevant provisions of the Income-tax Act, 1961.
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