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2021 (9) TMI 37 - ITAT DELHIClaim of deduction u/s 54H - compensation received on compulsory acquisition - as contended that section 54/54H of the Act neither speak about the investment of additional compensation nor about the extension of the time limit in respect of claim of deduction u/s 54 - HELD THAT:- There is no dispute with regard to the fact that in the present case, there was compulsory acquisition. The quantum of compensation was increased by the Ld. Court of Addl. District Judge (North), Delhi. CIT(A) relying on the judgement of the Hon’ble Andhra Pradesh High Court in the case of Chakri Ashok Kumar, Ongole [2014 (11) TMI 937 - ANDHRA PRADESH HIGH COURT] as held since the very adjudication before various authorities proceeded on the assumption that there exits a separate component of additional compensation and since we find that such a concept is alien to the Scheme and the Act of for that matter, the I.T.Act, we allow the appeal and accordingly set aside the impugned order. As directed that benefit of section 54H of the Act shall be extended to the entire amount of compensation as enhanced by Hon’ble High Court. The Revenue has not brought any contrary binding precedents to our notice, therefore, we do not see any infirmity in the order of Ld.CIT(A) and the same is hereby affirmed. Thus, ground raised by the Revenue is rejected.
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