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2018 (4) TMI 1524 - AT - Income TaxDeemed income - Taxability of interest received from the Land Acquisition Officer u/s 28 of the Land Acquisition Act on enhanced compensation - assessed as income from other sources u/s 57(iv) r/w sections 56(viii) read with Section 145A (b) - as an alternate plea, the assessee has claimed that the compensation/interest was not received in his individual capacity but the same had accrued to the HUF which was comprised of him, his wife and his four sons - Held that:- During the course of proceedings before us, no documentary evidence was placed before us to corroborate this claim of the assessee. As adjudication of this issue is germane to the entire controversy, it is essential that it is established beyond doubt as to who were the actual recipients of the compensation/interest and in whose hands would this amount be assessed. Therefore, without going into the merits of the case, in the interest of justice, we restore the file to the office of the Assessing Officer with the direction to examine the issue afresh after determining as to who was the recipient of the compensation/interest i.e. whether the assessee was the recipient or whether it was the HUF who had received the compensation/interest. - Decided in favour of assessee for statistical purposes.
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