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2025 (1) TMI 643

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..... terest as part of the compensation and exempt from tax u/s. 10(37) - AO treated the interest awarded to the assessee on enhanced compensation, as Income from Other Sources - HELD THAT:- Hon'ble Apex Court in the case of CIT vs Ghanshyam HUF [ 2009 (7) TMI 12 - SUPREME COURT] has held that interest received on compensation/enhanced compensation is part of compensation, hence, exigible to tax u/ .....

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..... hy, Judicial Member And Dr. Mitha Lal Meena, Accountant Member For the Appellant : None For the Respondent : Ms. Harpreet Kaur Hansra, SR.DR ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as 'the CIT(A)') dated 04.12.2023, for assessment year 2018 .....

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..... to tax in the return of income. The AO issued notice to the assessee. In reply to said notice the assessee admitted that compensation against acquisition of land was received. The assessee claimed interest as part of the compensation and exempt from tax u/s. 10(37) of the Act in accordance with law laid down by the Hon'ble Supreme Court of India in the case of CIT vs. Ghanshyam HUF, 2009 (8) .....

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..... d on compensation or on enhanced compensation referred to in clause (b) of section 145A 4. Prior to insertion of aforesaid Clause the Hon'ble Apex Court in the case of CIT vs Ghanshyam HUF (supra) has held that interest received on compensation/enhanced compensation is part of compensation, hence, exigible to tax u/s. 45(5) of the Act. The Hon'ble Punjab and Haryana High Court in the case .....

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