TMI Blog2005 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ined, as a matter of fact, what is the amount of compensation received by the appellant – no substantial question of law arises in this regard - Appeal is dismissed - - - - - Dated:- 3-2-2005 - Judge(s) : SWATANTER KUMAR., MADAN B. LOKUR JUDGMENT The judgment of the court was delivered by Madan B. Lokur J.- By this order, we propose to dispose of both the above appeals because they are connected with one another. I.T.A. No. 462 of 2003 is taken up first. The appellant is aggrieved by an order dated December 16, 2002, passed by the Income-tax Appellate Tribunal, Delhi Bench C, New Delhi (for short "the ITAT"), in I.T.A. No.192/D/98 for the assessment year 1994-95. The appellant has sought to raise, in this appeal under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner of Income-tax (Appeals) (the CIT(A)) who passed an order dated October 23, 1997, disagreeing with the Assessing Officer and concluded that the amount of enhanced compensation received by the appellant is not taxable in the year of receipt because the appellant cannot be said to have had an absolute right to receive the amount due to the pending dispute of entitlement which had not yet reached finality. Against the order of the Commissioner of Income-tax (Appeals), the Revenue preferred an appeal before the Income-tax Appellate Tribunal. By the impugned order dated December 16, 2002, the Income-tax Appellate Tribunal was of the view that it is necessary to determine, as a matter of fact, the terms under which the enhanced compe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utely necessary to know the amount of compensation that was actually received by the appellant unconditionally and the amount that was received on his furnishing a bank guarantee. It is only then that it can be determined, as a matter of fact, what is the amount of compensation received by the appellant. Thereafter the law applicable, that is, section 45(5) of the Act would come into play. Until the facts are determined, it would not be possible to decide whether the case set up by the appellant was correct or not. We do not find any error in this view take by the Income-tax Appellate Tribunal. Unless the facts of the case are known, it will not be possible to adjudicate the issues raised. There is no merit in this appeal. The same is, ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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