TMI Blog2021 (3) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... ilitation allowance and is not liable to tax. We set aside the findings of the ld. CIT(A) on this issue and direct the AO to delete the addition made. - ITA No.3526/Mum/2017 (Assessment Year :2010-11) - - - Dated:- 29-1-2021 - SHRI RAJESH KUMAR, AM AND SHRI AMARJIT SINGH, JM Assessee by Shri Mayur Kisnadwala Revenue by Shri Bharat Andhle ORDER PER RAJESH KUMAR, ACCOUNTANT MEMBER: The aforesaid appeal has been filed by the assessee against the impugned order dated 10/03/2017, passed by the CIT(A)-46, Mumbai, for the assessment year 2010-11. 2. This appeal has been decided by the order of Co-ordinate Bench dated 12/03/2019, however, inadvertently the ground Nos. 5 6 were omitted to be adjudicated and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has been given compensation for alternative accommodation of ₹ 2,60,000/- as per in terms of Development agreement. According to the ld. CIT(A), the amount received was over and above the rent actually paid by the assessee and therefore, the same has to be taxed accordingly. The ld. CIT(A) issued notice u/s.251(2) dated 24/02/2017 qua the proposed enhancement. This was replied by the assessee by submitting that assessee received monthly rental compensation during the year aggregating to ₹ 2,60,000/- for the alternative accommodation which is a compensation on account of her family displacements from the accommodation and tremendous hardship and inconvenience to her caused thereby and submitted that the said compensatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote that the assessee received compensation of ₹ 19,50,873/- from the developer when the building in which the assessee owned flat went for re-development as per the agreement between the developers and flat owners dated 28.03.2008. The said compensation was paid towards hardship Rs, 13,45,278/-; rehabilitation Rs, 5,90,625/- and for shifting ₹ 15,000/-. We also note that the assessee paid ₹ 18,63,000/- to Joys Developers for acquiring additional area of 138 Sq Ft. It was also noted that the assessee shifted to his own house when the building went for re-development. Now the question before is whether the compensation upon re-development of property towards hardship, rehabilitation and shifting received by the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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