9911796707
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Issues:
1. Taxability of the sum awarded by the Arbitrator and interest received from the bank. 2. Assessment year for the sum awarded by the Arbitrator. 3. Taxability of interest received on the deposit of the award money. Detailed Analysis: 1. The judgment concerns the appeal against the addition of a sum awarded by an Arbitrator and interest received from the bank. The dispute arose from a civil construction contract between the assessee and the M.E.S. department, leading to arbitration and subsequent court proceedings. 2. The primary issue was the taxability of the sum awarded by the Arbitrator and interest received. The Assessing Officer included the amounts in the income returned by the assessee, leading to an appeal. The Appellate Commissioner upheld the addition, relying on precedents from the Calcutta High Court and the Supreme Court. 3. The assessee's counsel argued that the sum awarded should be assessed in the following year as the M.E.S. department had a right to appeal to the Supreme Court, which was not exercised. The counsel contended that the assessee did not have absolute rights over the money until a later date, making it taxable for the subsequent assessment year. 4. However, the tribunal disagreed with the assessee's argument, stating that the award money belonged to the assessee as the M.E.S. department did not file a further appeal. The tribunal upheld the taxability of the sum awarded by the Arbitrator for the relevant assessment year. 5. Regarding the interest received, the tribunal directed the Appellate Commissioner to calculate and add the interest accrued from a specific period to the assessee's income. The tribunal rejected the argument that the interest was casual or non-recurring, citing a Supreme Court precedent. 6. The tribunal did not address the issue of charging interest under section 217 as it was not pressed and argued. No other points were raised in the appeal. 7. Ultimately, the appeal was partly allowed, with the tribunal ruling in favor of taxability of the sum awarded by the Arbitrator and the interest received from the bank, based on the specific legal interpretations and precedents cited in the judgment.
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