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TMI Blog2020 (1) TMI 1575X X X X Extracts X X X X X X X X Extracts X X X X ..... ll dated 24/06/2016 relating to assessment year 2013-14. 2. This bunch of appeals relating to connected assessee on similar issue were heard together and are being disposed off by this consolidated order for the sake of convenience. We proceed to decide the bunch of appeals by referring to the facts and issue in ITA No.5777/Del/2016. 3. Briefly in the facts of the case, the assessee had furnished the return of income declaring total income of Rs.1,16,750/-. The Assessing Officer selected the case for scrutiny. A show-cause notice was issued to the assessee in respect of interest of Rs.1,03,19,292/- received from DRO-cum-LAC, Government of Haryana, which was claimed as exempt. The Assessing Officer asked the assessee to explain as to why t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court has directed to take into consideration the provisions of section 28 of the Land Acquisition Act and the law laid down by this Court in Commissioner of Income Tax, Faridabad vs Ghanshyam (HUF) [2009] (8) SCC 412] in order to ascertain whether the interest given under the said provision amounts to compensation or not. 6. The Ld. DR for the Revenue on the other hand, strongly relied on the order of the Hon'ble Punjab & Haryana High Court in the case of Manjet Singh (HUF) Karta Manjeet Singh vs Union of India and Others in CWP No.15506 of 2013, order dated 14/01/2014 and stated that after the decision of the Hon'ble Apex Court in Ghyanshyam (HUF) had held that element of interest awarded under section 28 of the Land Acquisition Act is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessable under section 56 of the Act, subject to the deduction allowable under section 57(iv) of the Act. 9. The assessee before us had agitated this issue before the Hon'ble Supreme Court by way of Writ Petition (supra) which was clubbed with series of cases pending before the Hon'ble Supreme Court with lead case in Union of India and Ors vs Hari Singh and Ors. (supra) The Hon'ble Apex Court while deciding this issue has held as under:- "(2) while determining as to whether the compensation paid was for agricultural land or not, the Assessing Officer(s) will keep in mind the provisions of section 28 of the Land Acquisition Act and the law laid down by this Court in "Commissioner of Income Tax, Faridabad vs Ghanshyam (HUF) [2009 (8) SCC 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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