9911796707
TMI Blog1992 (7) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal, Delhi Bench 'E', was justified in holding that the sum of Rs. 23,309 representing the amount of compensation initially awarded and which remained in dispute till August 23, 1982, and which was received on April 5, 1984, was includible in the net wealth of the assessee for the assessment year 1977-78 for which the relevant valuation date is March 31, 1977? 2. Whether, on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 18 of the Land Acquisition Act was filed whereby the petitioner sought enhanced compensation. This dispute with regard to enhancement of compensation was decided on August 23, 1982. The contention of the petitioner is that, on the relevant valuation date, i.e., March 31, 1977, pertaining to the assessment year 1977-78, with which we are concerned in this case, this amount of Rs. 23,309 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not to receive this amount because a reference had been filed under section 18 of the Act for enhancement of the compensation. There was nothing in law which prevented the petitioner from receiving this sum of Rs. 23,309 under protest and without prejudice to his claim under section 18 of the Act. In our opinion, the sum of Rs. 23,309 was clearly an asset of the assessee as on the valuation date. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the petitioner is unable to bring to our notice any provision of law which deprives the petitioner of the amount of Rs. 23,309 after the acquisition has become final. The answer to question No. 1 is, therefore, self-evident and, therefore, the question need not be referred. For the aforesaid reasons, this application is partly allowed and the Tribunal is directed to state the case a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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