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TMI Blog2017 (9) TMI 1532X X X X Extracts X X X X X X X X Extracts X X X X ..... .759/2009 (IV-B)] CIVIL APPEAL NO.13057/2017 [@ SLP(C) No.756/2009 (IV-B)] CIVIL APPEAL NO.13058/2017 [@ SLP(C) No.753/2009 (IV-B)] CIVIL APPEAL NO.13059/2017 [@ SLP(C) No.754/2009 (IV-B)] CIVIL APPEAL NO.13060/2017 [@ SLP(C) No.757/2009 (IV-B)] CIVIL APPEAL NO.13061/2017 [@ SLP(C) No.755/2009 (IV-B)] R. K. Agrawal And Dr. D. Y. Chandrachud, JJ. For the Petitioner : Ms. Pinky Anand, ASG Mrs. Ani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961 were considered and this Court in paragraphs 53 to 56 has held that in view of the Amendment in the Income Tax Act, the person who has received enhanced compensation and interest thereon even by an interim order passed by the Court would be assessed to tax for that enhanced compensation. Paragraphs 53 to 56 of the above judgment read as under: "53. The scheme of Section 45 (5) of the 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also with the change in the full value of the consideration (computation) and since the enhanced compensation/consideration (including interest under Section 28 of the 1894 Act) becomes payable/paid under the 1894 Act at different stages, the receipt of such enhanced compensation/consideration is to be taxed in the year of receipt subject to adjustment, if any, under Section 155 (16) of the 1961 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mportant to note that compensation, including enhanced compensation/consideration under the 1894 Act, is based on the full value of property as on the date of notification under Section 4 of that Act. When the court/tribunal directs payment of enhanced compensation under Section 23(I-A), or Section 23(2) or under Section 28 of the 1894 Act it is on the basis that award of the Collector or the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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