Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2025 (1) TMI 643

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 2018-19. 2. The solitary issue raised by the assessee in appeal is against confirming addition of interest u/s. 28 of the Land Acquisition Act, 1894 on enhanced compensatio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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) SCC 412/315 ITR 1. In assessment proceedings, the Assessing Officer treated the interest awarded to the assessee on enhanced compensation, as "Income from Other Source .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 of Mahender Pal Narang vs CBDT, 120 taxmann.com 400 (P&H) after considering amended provisions of section 56(2) of the Act distinguished the decision rendered .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates