2016 (3) TMI 733 - HC - Income Tax

Taxability of interest awarded on enhanced compensation - amendment through Section 145-A - Held that - Supreme Court in Commissioner of Income-tax, Faridabad Versus Ghanshyam (HUF) 2009 (7) TMI 12 - SUPREME COURT held that the interest awarded on enhanced compensation is not taxable. The effect of the judgment has been statutorily abrogated by virtue of the amendment. The award of the Collector itself has been passed subsequent to the amendment on November 10, 2010. The orders already passed are recalled and the review applications are allowed holding that interest on the additional award is taxable under income tax and liable to be deducted at the time of deposit.

Summary

The Punjab & Haryana High Court allowed the review application by the Union of India, stating that interest on additional land acquisition awards is taxable under income tax law, as per an amendment in the Income Tax Act. Previous court decisions were deemed incorrect due to not considering the statutory amendment's impact. The orders have been recalled, and interest on additional awards is now liable to be deducted at the time of deposit.