TMI Blog2009 (11) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal in ITA No. 2964/Del/2002 in the case of Padam Prakash had held that enhanced compensation received by the assessee from the acquisition authorities in respect of its land was to be assessed on receipt basis. The Tribunal also passed some directions relating to interest payable on compensation/enhanced compensation. Subsequently, MA No. 5/Del/2008 was filed before the Special Bench and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of Hon'ble Karnataka High Court in the case of Chief CIT Anr. vs. Smt. Shantavva (2004) 188 CTR (Kar) 162 : (2004) 267 ITR 67 (Kar) and on the case of CWT vs. T. Girijammal (2006) 284 ITR 482 (Mad) cited before the Special Bench for consideration and application. Therefore, there is a mistake in the decision of the Special I3cnch, which is liable to be rectified under s. 254(2) of the IT A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (P.M. Jagtap) (I.P. Bansal) (Vimal Gandhi) Accountant Member Judicial Member President Dated: 26th Sept., 2008. Copy of the order forwarded to: 1. Dy. CIT, Cir. II, Meerut. 2. Shri Padam Prakash (HUF), 21, Shivaji Road, Meerut, C/o M/s Malik Co., 305/7, Thapar Nagar, Meerut. 3. CIT 4. CIT(A), Meerut. 5. Departmental Representative Dy. Registrar, ITAT" 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the miscellaneous application having regard to the final decision of the Supreme Court. 5. However, no fresh application has been filed as directed. The Special Bench is sitting for the third time to hear this small issue. The Revenue has sought further time to move a fresh application. There is no co-operation from the assessee's side who has also sought an adjournment. In the circumstances o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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