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TMI Blog2023 (6) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... ck the status of first appeal in December 2022, then it came to the notice that the ld. CIT(A)-NFAC has dismissed appeal of assessee on 30.05.2022 this fact came to the knowledge of assessee who is uneducated having limited knowledge of computers. Therefore the delay caused in filing appeal before the Tribunal. The assessee has also filed his affidavit supporting the cause of delay stated in the condonation petition. The Sr. DR oppose to the condonation of delay. 3. On careful consideration of above I note that there is no counter affidavit by the Assessing Officer and the assessee states that he is a uneducated less literate farmer who has very little knowledge of computer therefore the fact of dismissal of appeal by NFAC came to his noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t received u/s. 28 of the land acquisition Act 1894 is on enhance compensation is part and parcel of enhance compensation thus exempt u/s. 10(37) of the Act. 5. Replying to the above, the ld. Sr. DR, placing reliance on the judgement of Punjab & Haryana High Court in the case of Mahender Pal Narang vs. CBDT, dated 19.02.2020 in CWP No.17971 of 2019, submitted that the interest received on compensation or enhanced compensation is to be treated as 'Income from other sources' and not under the head 'Capital gains.' Therefore, the same is not exempt u/s 10(37) of the Act. 6. Placing rejoinder to the above, the ld. AR again drew our attention to the copy of the order of ITAT Delhi 'F' Bench in the case of Ram Kishan (supra) and submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee with respect to the enhanced compensation and interest on compensation. The provisions of Section 56 (2) also defines head of income as income from other sources for such income. Section 57 (iv) allows deduction of 50% of such income without any proof of such expenditure. The provisions of the sections were introduced to remove an anamoly. At that time the existing provisions of the income tax provided that the income chargeable Under that profits and gains of business or profession or income from other sources shall be computed in accordance with either cash or Mercantile system of accounting regularly employed by the assessee. The honourable Supreme Court in case of Rama Bai versus CIT 181 ITR 400 held that arrears of interest c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enderpal Narang versus CBDT CWP 17971 of 2019 dated 19/2/2020 as well as in case of Puneet Singh V CIT 110 taxmann.com 16 and Manjeet Singh HUF V Union of India 137 taxman 116 has decided in favour of revenue. It is a settled law that Statute must be interpreted according to the intention of the legislature and the court should act upon the true intent of the legislation while applying the law and its interpretation. If a statutory provision is open to more than one meaning, the Court has to choose the interpretation which represents the intention of the legislature. In the present case the Department circular number 5/2010 dated 3/6 / 2010 clearly demonstrates the intention of the legislature. Accordingly we hold that interest on u/s 28 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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