2011 (2) TMI 867

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..... .   1. Since the Registry has not been able to send the files on account of fire in the Court premises, learned counsel for the appellant has furnished paper books which are taken on record. We proceed to decide the matter after hearing learned counsel for the revenue.   2. This order shall dispose of ITA Nos. 290 of 2006 and 59 of 2007 as according to the learned counsel for the reven .....

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..... n the circumstances of the case, the Hon'ble ITAT was right in holding that although interest would be charged on year to year basis but it shall be done only when the dispute is finally settled by the Court?"   4. We have heard learned counsel for the appellant. 5. The point that arises for consideration in this appeal is whether the interest received on enhanced compensation is taxable in .....

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..... (d) under cash system of accountancy, the element of interest awarded by the Court received on enhanced amount of compensation under Section 28 of the 1894 Act falls for taxation under Section 56 as 'income from other sources' in the year of receipt."   5. In view of the above, the appeals are allowed and the questions of law are answered in favour of the revenue and against the assessee.&n .....

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