TMI Blog2010 (4) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... stainable in light of the judgment of Hon'ble the Supreme Court in Ghanshyam's case. Accordingly, the orders of the Tribunal as well as that of the CIT(A) have to be set aside - after amendment of Section 45 (5) of the Act w.e.f.1.4.1998, the amount of enhanced compensation is deemed to be income of the previous year, in which it is received. - 327 of 2009 - - - Dated:- 26-4-2010 - CORAM: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal took a view that income by way of enhanced compensation could not have accrued to the assessee and the CIT (A) was justified in reducing the amount while computing the total income. Learned counsel for the revenue has placed reliance on a judgment rendered in CIT v. Ghanshyam (HUF) (2009) 315 ITR 1 (S.C.) and argued that after amendment of Section 45 (5) of the Act w.e.f.1.4.1998, the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court in Ghanshyam's case (supra). Accordingly, the orders of the Tribunal as well as that of the CIT(A) have to be set aside. As a sequel to the above discussion, the impugned order of the Tribunal is set aside. However, in view of the submissions made by the learned counsel for the assessee-respondent that some other issues which have not been decided by the Tribunal of the CIT(A) are r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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