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2021 (8) TMI 1305 - AT - Income TaxRectification of mistake u/s 254 - Taxability of the interest received on compensation under the Land Acquisition Act - AO brought to tax the interest received on compensation placing reliance on the provisions of section 145A r.w.s. 56(2)(viii) - HELD THAT:- As on mere reading of the order of Tribunal, we find that the Tribunal relying upon the decision of the Hon’ble Supreme Court in the case of (i) Ghanshyam (HUF) [2009 (7) TMI 12 - SUPREME COURT] and (ii) Bikram Singh & Ors. [1996 (9) TMI 6 - SUPREME COURT] had deleted the additions without adverting to the provisions of section 145A r.w.s. 56(2)(viii) of the Act. In our considered opinion, non-consideration of the particular provisions of the Act especially when the lower authorities had placed reliance for the purpose of making the addition, is a mistake apparent from the record which is capable of being rectified u/s 254(2) of the Act. Thus, the appeal is recalled for a limited purpose of deciding as to the applicability or otherwise of provisions of section 145A r.w.s. 56(2)(viii) of the Act. Accordingly, the Registry is directed to fix the appeal in due course of hearing.
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