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2019 (8) TMI 1424 - AT - Income TaxTaxability of receipt of interest on enhanced compensation, which was received by assessees on account of acquisition of their lands - capital or revenue receipt - HELD THAT:- It is an admitted fact that the assessees had received interest u/s 28 of Land Acquisition Act on enhanced compensation. The Hon’ble Supreme Court in the case of CIT vs Ghansham (HUF) [2009 (7) TMI 12 - SUPREME COURT] has clearly held that interest received by the assessee in view of section 28 of Land Acquisition Act 1894 is part of the compensation and therefore was not taxable. The Hon’ble Delhi Bench of the Tribunal in the case of Shri Opinder Singh Virk, [2019 (5) TMI 676 - ITAT DELHI] has dealt with the decision of the Hon’ble Supreme Court in the case of Chet Ram (HUF) [ 2017 (9) TMI 1532 - Supreme Court]as well as the case laws of Ghanshyamdas and after analysing the same has again held that interest receipt on enhanced compensation u/s 28 of the Land Acquisition Act is in the nature of compensation. - Decided in favour of assessee
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