2017 (12) TMI 1792 - AT - Income Tax

Addition u/s 57(iv) - interest received on delayed payment of enhanced compensation in respect of compulsory acquisition of agricultural land - A.R submitted that interest received on compulsory acquisition of agricultural land is nothing but enhanced compensation on the land acquired by the Authorities and it is to be exempted u/s.10(37) - HELD THAT - The argument of the ld.A.R is having no merit. Interest on delayed payment of enhanced compensation in respect of acquisition of immovable property is a revenue receipt and it is to be taxed and cannot be exempted u/s.10(37) of the Act and it cannot be considered as a part of consideration received in respect of agricultural land specified us.2(14)(iv) . Assessee argument stating that spreading of interest received to different assessment years - The assessee in this case had not demonstrated that it is following mercantile system of accounting. Hence, it is to be taxed on cash system basis i.e. receipt basis. This ground of appeal is also rejected. A.R submitted that proper opportunity of hearing to the assessee by the lower authorities was not offered during proceedings - There is a violation of principles of natural justice. Before me, the ld.A.R is not able to demonstrate how the opportunity is not given by the lower authorities in prosecuting the case before them. In the absence of any material to show that the lower authorities failed to give proper opportunity of hearing to the assessee, this ground of appeal is also dismissed.

Summary

Issues:
1. Validity of re-assessment completed u/s 143(3) r/w section 147 of the Act
2. Taxability of interest on enhanced compensation for compulsory acquisition of agricultural lands under section 56(2)(viii) of the Act
3. Assessment of net consideration/interest after deduction u/s 57(4) of the Act
4. Taxing interest on enhanced compensation for acquisition of exempted capital asset under section 145A(b) of the Act
5. Proper opportunity given before passing the impugned order

Issue 1: Validity of re-assessment
The appellant challenged the re-assessment completed under section 143(3) r/w section 147, claiming it was passed out of time and lacked jurisdiction. The appellant argued that the order was invalid, without proper justification. However, during the hearing, the appellant did not press this ground, leading to its dismissal.

Issue 2: Taxability of interest on enhanced compensation
The appellant contended that interest on enhanced compensation for compulsory acquisition of agricultural lands should be exempted under section 10(37) of the Act. The appellant cited tribunal orders in support. The respondent argued that such interest should be taxed under section 56(2)(viii) r/w section 57(iv) of the Act. The tribunal held that such interest is a revenue receipt and not exempt under section 10(37), supported by relevant judgments, leading to the dismissal of this ground.

Issue 3: Assessment of net consideration/interest
The appellant disputed the assessment of net consideration/interest after deduction u/s 57(4) of the Act, claiming it was incorrect and unsustainable. However, the tribunal rejected this argument due to the appellant's failure to demonstrate following a mercantile system of accounting, resulting in the rejection of this ground.

Issue 4: Taxing interest on enhanced compensation for exempted capital asset
The appellant contested the taxability of interest on enhanced compensation for the acquisition of an exempted capital asset under section 145A(b) of the Act. The tribunal upheld the CIT(A)'s decision based on relevant judgments, finding no infirmity in the order.

Issue 5: Proper opportunity for hearing
The appellant alleged a lack of proper opportunity for hearing by the lower authorities, citing a violation of natural justice principles. However, the tribunal found no evidence supporting this claim, leading to the dismissal of this ground.

In conclusion, the tribunal dismissed the appeal, confirming the order of the CIT(A) regarding the taxability of interest on enhanced compensation for compulsory acquisition of agricultural lands and other related issues.