TMI Blog2017 (9) TMI 1532X X X X Extracts X X X X X X X X Extracts X X X X ..... n interim order passed by the Court would be assessed to tax for that enhanced compensation. We allow these Civil Appeals, set aside the orders of the High Court as also the Income Tax Appellate Tribunal and hold that the respondents are liable to pay tax on the enhanced amount of compensation and interest received by them during the year in question. - Civil Appeal No. 13053/2017 [ @ SLP (C) No. 751/2009 ] - - - Dated:- 12-9-2017 - CIVIL APPEAL NO.13054/2017 [@SLP(C) No.752/2009 (IV-B)] CIVIL APPEAL NO.13055/2017 [@ SLP(C) No.761/2009 (IV-B)] CIVIL APPEAL NO.13056/2017 [@ SLP(C) No.759/2009 (IV-B)] CIVIL APPEAL NO.13057/2017 [@ SLP(C) No.756/2009 (IV-B)] CIVIL APPEAL NO.13058/2017 [@ SLP(C) No.753/2009 (IV-B)] CIVIL APPEAL NO.13059/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -4-1988 as an overriding provision. As stated above, compensation under the LA Act, 1894, arises and is payable in multiple stages which does not happen in cases of transfers by sale, etc. Hence, the legislature had to step in and say that as and when the assessee claimant is in receipt of enhanced compensation it shall be treated as deemed income and taxed on receipt basis. Our above understanding is supported by insertion of clause (c) in Section 45 (5) w.e.f. 1-4-2004 and Section 155(16) which refers to a situation of a subsequent reduction by the Court, tribunal or other authority and recomputation/amendment of the assessment order. 54. Section 45(5) read as a whole [including clause (c)] not only deals with reworking as urged o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 23(I-A), or Section 23(2) or under Section 28 of the 1894 Act it is on the basis that award of the Collector or the Court, under reference, has not compensated the owner for the full value of the property as on date of notification. 56. Having settled the controversy going on for the last two decades, we are of the view that in this batch of cases which relate back to Assessment Years 1991-1992 and 1992-1993, possibly the proceedings under the LA Act, 1894 would have ended. In a number of cases we find that proceedings under the 1894 Act have been concluded and taxes have been paid. Respectfully following the above decision, we allow these Civil Appeals, set aside the orders of the High Court as also the Income Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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