TMI Blog2022 (5) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... thereafter, the relevant provisions as applicable needs to be applied. Further, Wthere are decisions rendered by the Highest Court of the land and which are duly brought to the notice of the ld. CIT(A), the latter cannot merely rely on the relevant provisions of the Act without taking into consideration the legal proposition so laid down in the said decisions regarding the exact nature of compensation and how the same needs to be construed under the relevant statute and the tax statue. The judicial discipline requires that the law laid down by the Highest Court of the land need to be followed irrespective of individual opinion or view point which the ld. CIT(A) may have in a particular matter. At the same time, where there is change in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed the said addition and against the said order, the assessee has now came in appeal before us. 3. During the course of hearing, the Ld. AR submitted that the assessee has received a sum of Rs. 97,78,250/- as enhanced compensation alongwith interest under section 28 of the Land Acquisition Act towards compulsory acquisition of agriculture land. It was submitted that the said amount was exempt under section 10(37) of the Act and in support reliance was placed on the Hon'ble Supreme Court decisions in case of CIT Vs Ghanshyam (HUF) (2009) 315 ITR 1(SC), CIT Vs. Govind Bhai Mamaiya, [2014] 52 taxmann.com 270, CIT vs. Chet Ram(HUF), [2017] 86 taxmann.com 103, UOI Vs. Hari Singh, [2018] 91 taxmann.com 20. It was submitted that thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apparently claimed exemption u/s. 10(37) towards enhanced compensation along with interest u/s. 28 of the land acquisition Act. However, what information was stated in the return of income and what additional information has been furnished by the assessee before the ld. CIT(A) has not been spelt out. As we understand while filing the return of income, the assessee has to make suitable disclosure regarding the nature and quantum of exemption so claimed while filing the return of income. The documentation if any supporting such claim is apparently not required to be annexed with the return of income and it is only when the matter is selected for scrutiny, the assessee is required to submit the requisite information/documentation as so called ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be construed under the relevant statute and the tax statue. The judicial discipline requires that the law laid down by the Highest Court of the land need to be followed irrespective of individual opinion or view point which the ld. CIT(A) may have in a particular matter. At the same time, where there is change in law or any subsequent jurisdictional High Court decision(s) where such decisions rendered by the Hon'ble Supreme Court have been considered and which the ld. CIT(A) ought to rely upon, the ld. CIT(A) has to say so by way of a speaking order rather than maintaining silence on the applicability of the said decisions. Therefore, in light of the aforesaid discussion and in the entirety of facts and circumstances of the case, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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