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TMI Blog2013 (12) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal has been filed by the Department 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, Delhi in ITA No.1748/D/99 for the Assessment Year 1996-97. On 28.3.2007 a Coordinate Bench had admitted the appeal on the following substantial question of law:- "Whether on the facts and circumstances of the case, the Ld. IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the assessment year under consideration the damage amount has been brought to tax. The C.I.T. (A) has confirmed the same but the Tribunal has observed that the amount can be brought to tax on the actual receipts basis. Being aggrieved the Department has filed the present appeal. With this background Sri R.K.Upadhayay, learned counsel for the appellant relied on the order of A.O. He also relie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s but in the circumstances of this case award no costs." On specific question from Bench, he admits that in the instant case mercantile system of accounting is not applicable. On the other hand Sri Piyush Agarwal, learned counsel for the assessee relied on the impugned order passed by the Tribunal. After hearing both the parties and on perusal of the record, it appears that when the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, the year in which enhanced compensation is received is the year of taxability. Consequently, 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. Even ..... X X X X Extracts X X X X X X X X Extracts X X X X
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