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TMI Blog2011 (8) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... ored the land belonging to the assessee to its original position - The fact that the land has remained with the assessee and that the assessee in future may earn profits from the said land cannot be a ground to hold that the compensation received by the assessee in lieu of damage caused to the land was revenue receipt - Decided in favor of the assessee - 2923 of 2010 - - - Dated:- 10-8-2011 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hara India Commercial Corporation Ltd. ('Sahara India' for short) had financed the costs of construction. As Sahara India encroached upon the land belonging to the assessee and made a kuccha road for access by digging and excavating the assessee's land so as to facilitate the construction of the over-bridge, the assessee filed a Civil Suit in the Court of the Civil Judge, J.D., Vadgaon being C.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the compensation received by the assessee was in the nature of capital receipt. 5. The facts brought on record before the ITAT and before this Court by filing an additional affidavit clearly show that the property belonging to the assessee was damaged by Sahara India and in fact after paying compensation, neither Sahara India nor the Municipal Council have restored the land belonging to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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