TMI Blog2006 (9) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (5) of section 45, we are unable to find any force in the arguments raised on behalf of the assessees or the interveners. As discussed, a new scheme to tax enhanced or further enhanced compensation on receipt basis in the year of receipt has been introduced by adopting plain and unambiguous language. Tribunals and courts are required to give effect to the mandate of the Legislature. Therefore, decision of Hindustan Housing Land Development Trust Ltd.'s case [ 1986 (7) TMI 10 - SUPREME COURT] and all other decisions which have not taken note of intention and scheme of the Legislature and its purpose, are not applicable to cases where enhanced compensation is received. The provision was made to obviate the hardship and unintended consequences of subsection (5) of section 45. The clause was inserted to make entire scheme workable and to supply an obvious omission in the provision. The situation envisaged as per clause (c) above was required to be given reasonable construction to accomplish purpose and object of the enactment. Principle of reasonable construction by treating a provision as retrospective, on the ground that such construction would make the whole enactme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to taxability of amount in the year of receipt, cannot be disregarded. For aforesaid reasons also the arguments advanced on behalf of assessees cannot be accepted. As far as question of interest income on enhanced compensation is concerned, the Legislature had made no change in the statutory provision and, therefore, decision of Supreme Court in the case of Hindustan Housing Land Development Trust Ltd.[ 1986 (7) TMI 10 - SUPREME COURT] as also decision of Smt. Rama Bai v. CIT [ 1989 (11) TMI 2 - SUPREME COURT] would apply. The interest is to be assessed on accrual basis from year to year. However, question of assessment of such interest on accrual basis would not arise unless it is finally determined. In case a dispute relating to interest payable on enhanced compensation is pending before a Court of Law and not attained finality, the same will not accrue and not liable to tax. Only after it is finally determined, the same can be subjected to tax, in the light of decisions of the Hon'ble Supreme Court, referred to above. Therefore, the Assessing Officer would revise assessment and tax enhanced compensation and interest, after providing reasonable opportunity of being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d higher compensation along with interest in all the cases. The detail of compensation awarded in different cases is annexed hereto in Annexure-'A'. Enhanced compensation along with interest and certain other amounts was received by the assessees in the period under consideration. The Assessing Officer assessed enhanced compensation on receipt basis in terms of section 45(5)(b) of Income-tax Act. The assessees had objected to above assessment on the ground, that decree/order of the Civil Court was challenged by the State in further appeal before the Hon'ble High Court and, therefore, enhanced compensation cannot be treated as final. With the filing of the appeal, the finality of the order/decision under which enhanced compensation was awarded, was dislodged. The assessee had only inchoate right to receive compensation. There was no legally enforceable right. In several cases, compensation was received on furnishing of bank guarantee or on certain terms and conditions imposed by Hon'ble High Court. Chances of assessees losing appeal before High Court could not be ruled out. In fact the Government has challenged the very right of assessee to receive enhanced compensat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... speaking, between a Full Bench of three Judges sitting together and this method of referring to the Third Judge in the case of a difference of opinion between the two Judges. Whether the first method is adopted or the second, 'opinion of the majority' will be decisive. In this case, there is a formal reference to a Third Judge to ascertain his opinion. His is the deciding voice. He turns the scales. The Third Judge is the Full Bench. Not alone. But along with the two others who first heard the case. Whether the three Judges sit at the same time or at different times - two at one time, and the third hearing the matter later on a difference of opinion does not make much difference. As has happened in this case, the two Judges have differed. So the case has come to me, the Third Judge. The two Judges have expressed their opinion. I am now called upon to give my opinion. The opinion of the majority will prevail. All that happens is that the third is segregated from the two and does not sit with them. He comes in later on when there is a difference of opinion between them. In all cases, it is the theory of numbers which is the foundation of the doctrine of stare decisis. Majori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hird Member case is entitled to as much weight and respect as a decision of a Special Bench. It should be followed and applied by regular Benches and cannot be disregarded. Having said so, we must take into account special provisions relating to procedure to be followed by Appellate Tribunal as per sub-section (3) and sub-section (4) of section 255 of the Income-tax Act. These are as under: (3) The President or any other Member of the Appellate Tribunal authorized in this behalf by the Central Government may, sitting singly, dispose of any case which has been allotted to the Bench of which he is a Member and which pertains to an assessee whose total income as computed by the [Assessing] Officer in the case does not exceed [five hundred thousand rupees], and the President may, for the disposal of any particular case, constitute a Special Bench consisting of three or more Members, one of whom shall necessarily be a Judicial Member and one an Accountant Member. (4) If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill be laying down a wrong precedent if the Third Member decision in the case of Anil Rastogi is slighted by any other Division Bench as not being bound. The sanctity of the Third Member decision and the Special Bench decision is of the same nature [Paras 42 and 43]. The Hon'ble Members who dissented with above view have observed as under: The Special Bench decision is collective decision which has always more weightage than separate opinions given by different Members at different point of time. Similarly; as per, the provisions of the Act, Third Member expresses his opinion which is binding on the regular Bench which decides the case finally. Such final order is of two Members only. Therefore, such decisions by Bench of two Members, though guided by Third Member opinion, cannot be binding on Special Bench. [Para 20]. 9. We agree with the majority view but would like to clarify that in the above case, the Special Bench was not dealing with a situation where on the same issue a decision of a Special Bench as also a Third Member Bench is available. We therefore reiterate that in case of any conflict between the two, regular Benches should follow and give preference to the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis. However, there were certain defects in the amendment as it did not deal with situation where enhanced compensation was reduced on appeal. Accordingly a corrective measure was introduced through Finance Bill, 2003 and clause (c) was inserted in sub-section (5) of section 45 to deal with the above situation. If contentions advanced on behalf of the assessees are accepted then clause (c) would have no meaning. It would be rendered redundant. The position taken by assessees did not take note of sub-section (5) of section 45 introduced to bring to charge enhanced compensation on receipt basis. It is not possible to accept the submissions of the assessee that even after above change capital gain enhanced compensation is liable to be taxed only under sub-section (1). This argument ignores- the new scheme introduced by sub-section (5) of section 45 of the Income-tax Act. There is no question of any 'accrual' or 'arising' of income. It is to be assessed in the year in which the enhanced compensation is actually received. Clause (c) of sub-section (5) automatically take care of the situation where enhanced compensation is subsequently reduced by any court or other aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rate of 30 per cent and interest thereon. The Award of Additional Distt. Judge was followed by Decree dated 29-5-1992. However, State Government challenged above. Decree/Order of Addl. Distt. Judge before Allahabad High Court and prayed for setting aside of the Award. It was contended that Award was not maintainable. The assessee took several legal steps to realize compensation from the State Government and ultimately succeeded in receiving Rs. 92,06,384 in May, 1994. However, this was only an interim relief and question whether additional compensation awarded was maintainable was subject-matter of dispute before the Hon'ble Allahabad High Court. 13. Shri Malik further submitted that receipt of ad hoc compensation was inchoate and not final. The money received was held in Trust and could not be a taxable receipt under section 4/5 of the Income-tax Act. The income can be said to have 'accrued' or 'arisen' to the assessee only if there was right to receive. Here right to receive enhanced compensation was suspended on account of appeal filed by the State Government. Thus unless awarded enhanced compensation attained finality, it could not be said to have accrue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopment Trust Ltd. was still applicable. In support of his contention, he placed further reliance on the following decisions: - Chief CIT v. Smt. Shantavva [2004] 267 ITR 67 (Kar.) - CWT/CIT v. Smt. T. Girija Ammal [2006] 282 ITR 614 (Mad.), and - Mercantile Bank Ltd. v. CIT [2006] 283 ITR 84 (SC) 15. In rebuttal, the learned Departmental Representative emphasized that capital gains was not income in the real sense. It was notional income included in the definition of 'income' under section 2(24)(vi) of the Income-tax Act. He also referred to clause (i) of section 5 relating to scope of 'total income' and pointed out that now receipt or deemed receipt is also included in the 'total income' liable to be taxed. The learned D.R. emphasized that section 45 is also a charging section, apart from other charging sections like sections 4 and 5 of the Income-tax Act. Capital gains may not be income in the commercial sense but it is charged to tax as per the policy of the State. He further argued that for purposes of accrual or arising of income in sub-section (1) of section 45 was relevant but no such rider to the charge ability of income on receipt basis was plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erformance of the duties of an office or employment of profit; (iiib) any allowance granted to the assessee 'to meet his personal expenses at the place where the duties of his office or employment of profit are ordinarily performed by him or at a place where he ordinarily resides or to compensate him for the increased cost of living;] (iv) the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by a person who has a substantial interest in the Company, or by a relative of the director or such person, and any sum paid by any such company in respect of any obligation which, but for such payment, would have been payable by the director or other person aforesaid; [(iva) the value of any benefit or perquisite, whether convertible into money or not, obtained by any representative assessee mentioned in clause (iii) or clause (iv) of sub-section (1) of section 160 or by any person on whose behalf or for whose benefit any income is receivable by the representative assessee (such person being hereafter in this sub-clause referred to as the 'beneficiary') and any sum paid by the representative assessee in respe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Explanation.-For the purposes of this clause, the expression 'Keyman insurance policy' shall have the meaning assigned to it in the Explanation to clause (10D) of section 10;] [(xii) any sum referred to in clause (va) of section 28;] [(xiii) any sum referred to in clause (v) of sub-section (2) of section 56;] Section 2(47) (47) 'transfer', in relation to a capital asset, includes,- (i) the sale, exchange or relinquishment of the asset; or (ii) the extinguishment of any rights therein; or (iii) the compulsory acquisition thereof under any law; or (iv) in a case where the asset is converted by the owner thereof into, or is treated by him as, stock-in trade of a business carried on by him, such conversion or treatment;] [iva) the maturity or redemption of a zero coupon bond; or;] [(v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53A of the Transfer of Property Act, 1882 (4 of 1882); or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co-operative society, company or other association of persons or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce from an insurer on account of damage to, or destruction of, any capital asset, as a result of- (i) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature; or (ii) riot or civil disturbance; or (iii) accidental fire or explosion; or (iv) action by an enemy or action taken in combating an enemy (whether with or without a declaration of war), then, any profits or gains arising from receipt of such money or other assets shall be chargeable to income-tax under the head 'Capital gains' and shall be deemed to be the income of such person of the previous year in which such money or other asset was received and for the purposes of section 48, value of any money or the fair market value of other assets on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of such capital asset. Explanation.- For the purposes of this sub-section, the expression 'insurer' shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938).] (5) Notwithstanding anything contained in sub-section (1), where the capital gain arises from the transfer of a capi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (7A) and the changes made therein from time to time as circulars of Central Board of Direct Taxes faithfully take note of changes made as also explain the need for such changes required to be brought in the above provision as also in section 45 of the Income-tax Act. Relevant circulars are reproduced below:- Circular 240, dated 17th May, 1978 23.1 Re-computation of capital gains on receipt of additional compensation or consideration-section 155(7A).- Under the existing provisions of the Income-tax Act, the capital gain arising from the transfer of a capital asset is charged to tax in the previous year in which the asset is transferred. The capital gain is computed by deducting from the full value of the consideration received or accruing as a result of the transfer (i) the cost of acquisition of the asset as increased by the cost of improvements thereto; and (ii) the expenditure incurred in connection with the transfer. Where the transfer of the capital asset is by way of compulsory acquisition under any law, the capital gain has to be computed by taking the compensation awarded by the Government as the full value of the consideration, even though the adequacy of the compensation m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) was introduced. The additional compensation is awarded in several stages by different appellate authorities and necessitates rectification of the original assessment at each stage. This causes great difficulty in carrying out the required rectification and in effecting the recovery of additional demand. Another difficulty which arises is in cases where the original transferor dies and the additional compensation is received by his legal heirs. In the latter type of cases, proceedings have to be initiated against the legal heirs. Repeated rectification of assessments on account of enhancement of compensation by different courts often results in mistakes of computation of tax. 24.6 With a view to removing these difficulties, the Finance Act, 1987, has inserted a new sub-section (5) in section 45 to provide for taxation of additional compensation in the year of receipt instead of in the year of transfer of the capital asset. The additional compensation will be deemed to be income in the hands of the recipient even if the actual recipient happens to be a person different from the original transferor by reason of death, etc. For this purpose, the cost of acquisition in the hands of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quisition under any law, or a transfer the consideration for which was determined or approved by the Central Government or the Reserve Bank of India, and where the compensation or the consideration for such transfer is enhanced or further enhanced by any court, Tribunal or other authority. The said sub-section provides that the capital gain shall be computed by taking the compensation or consideration or enhanced compensation or consideration, as the case may be, as the full value of consideration and such capital gain shall be chargeable as income of the previous year in which such compensation or consideration is received by the assessee. The assessees in some cases are facing hardship when such compensation or consideration is subsequently reduced by any court, Tribunal or other authority, since there is no existing provision providing for re-computation of the capital gain charged in the year of receipt of the compensation or consideration. With a view to mitigate this hardship, it is proposed to amend sub-section (5), by inserting a new clause (c) to provide that where such amount of the compensation or consideration is subsequently reduced by any court, Tribunal or other auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt awarded Rs. 33,80,172 which included the interest on the additional compensation amounting to Rs. 13.50 lakhs. The State Government filed an appeal before the High Court and the amount was deposited in the Court. Pending the appeal, the assessee was permitted to withdraw the amount on giving security. The questions before the Court were whether the additional compensation which was deposited in the court and permitted to be withdrawn was taxable at that stage and whether the said amount could be taxed when it was specifically deposited by the Government in appeal to the High Court: Held, that the additional compensation which was deposited in the court and permitted to be withdrawn on giving security was not taxable at that stage. No substantial question of law arose. (iv) CIT v. National Electric Supply Trading Corpn. (P.) Ltd. [2001] 248 ITR 794-798 (Delhi) - In order to appreciate the stand taken by the Revenue certain settled principles have to be taken note of. In CIT v. Hindustan Housing Land Development Trust Ltd. [1986] 161 ITR 524 (SC), it was observed by the Apex Court that there is a clear distinction between cases where the right to receive payment is in dispute and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 5 of the Act, have not been defined. According to the Oxford English Dictionary, the meaning of the expression 'accrue' is 'to fall as a natural growth or increment; to come as an accession or advantage'. The word 'arise' is defined as 'to spring up, to come into existence'. The two words, i.e. 'accrue and arise' do not mean actual receipt of profits and gains. Both these words are used in contradistinction to the word 'receive'. Thus, it is manifest that if an assessee acquires a right to receive the income, the income can be said to accrue to him, though, it may be received later on (see CIT v. Govind Prasad Parbhu Nath [1988] 171 ITR 417 (All.). It can be said without hesitation that the words 'accrue' or 'arise' though not defined are certainly synonymous and are used in the sense of bringing in as a natural result. Though strictly speaking and as per dictionary meaning, there is some distinction, yet in the Act they are used to denote idea or ideas very similar and the difference lies in this that one is more appropriate where applied to a particular case (see CIT v. Ahmedbhai Umarbhai Co.[1950] 18 ITR 474). ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal authority; (ii) The assessee should receive payment of such enhanced compensation. When the award of the reference court enhancing the compensation is stayed and an interim payment is ordered as condition for such stay' or otherwise and is paid pending final decision, neither of the two conditions are satisfied. The amount received in pursuance of an interim order by furnishing security, not being an amount payable in pursuance of an enforceable order or decree increasing the compensation, cannot be considered as receipt of enhanced compensation. The assessee's land was acquired under notification dated April 24, 1977, for extension of market yard. The Land Acquisition Officer made an award at the rate of 75 paise per sq. ft. in regard to the acquired land. The assessee sought increase in compensation. The reference court increased the compensation to Rs. 8/50 per sq.ft. The judgment and award of the reference court was challenged before the High Court. The High Court by order dated October 7, 1992, determined the market price at Rs. 7 per sq. ft. plus solatium and interest. The judgment of the court was challenged by the Land Acquisition Officer before the Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, dismissing the appeal, that when the income itself has not accrued or arisen, the question of levying wealth-tax did not arise as it was only consequential in nature. CWT/CIT v. Smt. T. Girija Ammal [2006] 282 ITR 614 (Mad.) followed. 20. Before proceeding to discuss the issue, we deem it relevant to refer to Third Member decision in the case of Dy. CIT v. Bhim Singh Lather [IT Appeal Nos. 4756 4757 (Delhi) of 2000] [2006] 99 ITD 46 (Delhi). In the aforesaid case the following question was referred to the Third Member:- Whether, on the facts and in the circumstances of the case, the enhanced compensation received by the assessee was taxable in the hands of the assessee as income despite the fact that the quantum of enhanced compensation awarded is subject-matter of proceedings before the appellate forum by the State Government as well as by the assessee and the quantum of enhanced compensation has not attained finality and the assessee has received a part of the enhanced compensation and interest on enhanced compensation pursuant to interim orders passed by the appellate court? The brief facts of the case are that Land Acquisition Officer, Panchkula awarded compensation to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the assessee. The ld. Third Member held that clause (c) of sub-section (5) was applicable with retrospective effect. The ld. Third Member observed that the decision of Supreme Court in the case of Hindustan Housing Land Development Trust Ltd. was applicable in the case of assessment of capital gain on accrual basis under section 45(1) of the Income-tax Act. The said section was not applicable where enhanced compensation was being assessed under section 45(5) on receipt basis. The ld. Third Member rejected the argument that no right had accrued to the assessee to receive compensation under section 45(5) as right to receive compensation was subject-matter of dispute before the higher court. He held that provisions of section 45(5) of the Act were applicable on enhanced compensation on receipt basis, irrespective of the fact that additional enhanced compensation was subject-matter of further litigation. As far as question of taxability of interest was concerned, ld. Third Member held that taxability of interest would be governed by the decision of Supreme Court in the case of Smt. Rama Bai v. CIT [1990] 181 ITR 400 and in the case of P. Mariappa Gounder v. CIT [1998] 232 ITR 2. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision. It defines the scope of the 'total income' which not only brings to tax income accruing or arising but also income which is received or is deemed to be received. Thus income received or deemed to be received under law is also part of the total income liable to be charged to tax. The expression 'income received' is used in contradiction to income accruing or arising. Under sub-section (1) of section 45, capital gain arising from transfer of a capital gain is charged to income-tax in the year in which transfer of a capital asset takes place. It is deemed to be income of the previous year relevant to the assessment year. The definition of 'Transfer' of a capital asset, as per section 2(47) encompass the compulsory acquisition under law. Profit or gain arising from compulsory acquisition is deemed income of the year in which compulsory acquisition takes place. It is the scheme of the Act relating to taxability of the capital gain. It is now restricted to capital gains arising on compensation awarded on compulsory acquisition. Their Lordship of Supreme Court in the case of Hindustan Housing Land Development Trust Ltd. held that unless compensation awarded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be deemed to be the income of the person receiving it. The amount is to be taxed in the year of the receipt. Sub-section (5) is an overriding provision and quite different from subsection (1) of section 45 in content and texture. Intention of the Legislature to depart from the earlier scheme of taxability of compensation on account of difficulties faced by the Revenue has been referred to above is quite clear. It is not possible to disregard change introduced by the Legislature by applying old scheme to cases of enhanced compensation. 22. In the background narrated above, we do not see nor were given any good reason why scheme of sub-section (5) should not be applied to receipt of enhanced or further enhanced compensation as envisaged by the sub-section. Why the amount received should not be brought to tax in the year of the receipt when language and intention of the Legislature is absolutely clear. Why Court should not give effect to the legislative intent and follow its mandate. In the case of A.N. Roy, Commissioner of Police v. Suresh Sham Singh 2006 (6) JT 89 (SC), their Lordship observed as under: 1.8. It is now well-settled principle of law that the Court cannot enlarge the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of hardship and injustice do not and cannot have any bearing for rejecting the natural construction. 23. Having in mind above authorities and plain and unambiguous language of sub-section (5) of section 45, we do not see any good ground why the changed scheme should not be applied and. why enhanced compensation be not brought to tax in the year of receipt. There is no scope to whittle down applicability of the provision by introducing philosophy that gain has not accrued or arisen. The right to receive compensation has not attained finality. 'Idea' of accrual of income not being supported by the Legislature's intent as is available from the plain language cannot be accepted. Even otherwise statutory provision is quite equitable. Obligation to pay tax is cast on the assessee only after enhanced compensation is pocketed by the assessee. It is taxed when it is actually received. 24. The main thrust of the argument of learned counsel for the assessee and of the Interveners was that compensation is received under an order which is not final. The finality is shaken when order is challenged before a superior court. The right to receive compensation is under dispute. The same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? Mischief rule of interpretation is clearly applicable here. Therefore, with utmost respect we are unable to follow the cases cited on behalf of the assessees. 26. Even specific provision like sub-section (7A) of section 155 supported above inference. Therefore, we are of view that clause (c) of sub-section (5) was declaratory and would come into force with effect from April 1, 1988 the date on which sub-section (5) was inserted in the Statute. 27. Clause (c) to sub-section (5) was inserted by Finance Act, 2003 but it has to be held to be retrospective in operation and taken to be introduced with effect from April 1, 1988. The picture without insertion of above clause (c) was incomplete as the section did not deal with a situation where enhanced compensation is reduced in further appeal by Courts or Tribunal. The provision was made to obviate the hardship and unintended consequences of subsection (5) of section 45. The clause was inserted to make entire scheme workable and to supply an obvious omission in the provision. The situation envisaged as per clause (c) above was required to be given reasonable construction to accomplish purpose and object of the enactment. Principle of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is changed scheme was not considered at all have no application. Some decisions of Benches wherein even after introduction of sub-section (5) of section 45, it was held that there has to be right to receive compensation in our humble opinion, do not lay down correct law, and should be taken to be overruled. It will not be out of place to state that clause (c) of aforementioned sub-section would be redundant if arguments of assessee are accepted. In fact all the clauses would be redundant if capital gain is to be brought to tax only when compensation attain finality. Sub-section (5) of section 45 has no purpose to serve if above contention is accepted. The assessee wishes to apply only sub-section (1) of section 45 in total disregard of statutory provision of sub-section (5). Further after insertion of sub-section (5), the scheme of assessment of enhanced or further enhanced compensation is to be taxed only in the year of the receipt. If it is not taxed in that year, but is held to be taxed in the year in which amount of compensation is finally determined, then there is no provision to charge it to tax otherwise than in the year of receipt. Therefore special provision relating to ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed compensation in A.Y. 1999-2000 in similar circumstance as above. Assessee has come in appeal. 7. ITA 2210/Delhi/03 Ramesh Chand Dagar (HUF) A.Y. 1999-2000 Rs. 10,55,163 received as interest on enhanced compensation although dispute pending before the Hon'ble Punjab Haryana High Court. Interest assessed on receipt basis. Assessee has come in appeal. 8. ITA 2211/Delhi/03 Raghubir Singh (HUF) A.Y. 1998-99 Compensation enhanced by ADJ by Rs. 25,86,706 in A.Y. 1998-99 and Rs. 11,32,126 as interest assessed on receipt basis as per order of Hon'ble Punjab Haryana High Court. Assessee has come in appeal. 9. ITA 2212/Delhi/03 Sultan Singh (HUF) A.Y. 1998-99 -do- 10. ITA 2213/Delhi/03 Rama Nand (HUF) A.Y. 1998-99 Compensation enhanced by ADJ by Rs. 12,53,746 and interest of Rs. 4,61,460 as per order of Hon'ble Punjab Haryana High Court dated 4-3-1997. Assessee has come in appeal. 11. ITA 2214/Delhi/03 Khacheru (HUF) A.Y. 1999-2000 Rs. 18,12,670 received as interest on enhanced compensation in A.Y. 1999-2000. The matter is pending before the Hon'ble Punjab Haryana High Court. Assessee has come in appeal. 12. ITA 2215/Delhi/03 Jas Ram (HUF) A.Y. 1998-99 Rs. 27,29,110 as enha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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