TMI Blog1969 (10) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... in amount of compensation paid to an assessee constituted income under sub-section (2A) of section 10 of the Act. The assessee is a Hindu undivided family. It owned a certain building at Hathras, known as Chhittermal Dharmshala. The building was being used by the assessee as a godown for its business till the year 1947. In 1947 the building was requisitioned by the State Government for storing foodgrain. An order was passed under the U.P. Accommodation Requisition Ordinance, 1947. The assessee claimed compensation for the loss of the Dharmshala. The parties could not agree as regards the amount of compensation payable to the assessee. The dispute was referred to the munsif of Hathras. On September 22, 1956, the munsif, Hathras, decided that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-section (2A) of section 10 of the Act. Section 10(2A) states: "Where for the purpose of computing profits or gains under this section, an allowance or deduction has been made in the assessment for any year in respect of any loss, expenditure or trading liability incurred by the assessee and, subsequently during any previous year, the assessee has received, whether in cash or in any other manner whatsoever, any amount in respect of such loss expenditure or has obtained some benefit in respect of such trading liability by way of remission or cessation thereof, the amount received by him or the value of the benefit accruing to him shall be deemed to be profits and gains of business, profession or vocation and to have accrued or arisen dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to the notice of the munsif that the assessee was obliged to take the godown on hire on a monthly rent of Rs. 250. Upon considering the entire evidence on the record, the munsif observed : "When the opposite party took the alternative accommodation at the rate of Rs. 250 per month and no alternative accommodation is proved to have been given to him by the requisitioning authorities then surely the opposite party deserves compensation at the rate of Rs. 250 per month at least." It was under these circumstances that the munsif thought it fit to award compensation to the assessee for the Dharmshala at the rate of Rs, 250 per month. The Tribunal appears to have proceeded on the footing that compensation was allowed to the assessee on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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