DEEPA,PINJORE vs. INCOME TAX OFFICER WARD 1, PANCHKULA, PANCHKULA
What did the Tribunal hold?
The Tribunal held that interest received on enhanced compensation is taxable under 'Income from Other Sources' in the year of receipt, and only statutory deductions under Section 57(iv) are permissible. This decision followed a previous binding precedent.
What were the facts?
The assessee received enhanced compensation with interest on land acquisition. The Assessing Officer treated this interest as taxable income under 'Income from Other Sources', allowing only statutory deductions. The CIT(A) confirmed this.
What were the issues?
Whether interest on enhanced compensation for land acquisition is taxable, and if so, under which head and with what deductions. The issue of the assessment order lacking a DIN was also raised but not elaborated upon in the final decision.
Which sections of the Income-tax Act were involved?
Section 147,Section 144,Section 56(2)(viii),Section 57(iv),Section 250,Section 10(37),Section 28,Section 145B(1)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
आदेश/Order PER LALIET KUMAR, J.M: This appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi u/s 250 of the Income Tax Act, 1961 for the Assessment Year 2015-16 arising out of the assessment framed u/s 147 r.w.s. 144 of the Act.
In the present appeal, Assessee has raised the following grounds:
Because AO order dated 28.10.2019 contains no DIN and as per Circular 19 of 2019 that no communication shall be issued by any income tax authority relating to assessment, appeals, orders, statutory or otherwise, exemptions, enquiry, investigation, verification of information, penalty, prosecution, rectification, approval ctc. to the assessee or any other person, on or after the 1 st day of October, 2019 unless a computer-generated Document Identification Number (DIN) has been allotted and is duly quoted in the body of' such communication. So assessment is void ab initio and assessment requested to quashed.
Because interest on enhanced compensation u/s 28 is exempt u/s 10(37) w.r.t to rural agriculture land.
The appellant craves to add, alter or delete any ground of appeal at the time of hearing.
The brief facts of the case are that the assessee had received enhanced compensation on acquisition of land along with interest under the provisions of the Land Acquisition Act. The Assessing Officer treated the interest received on such enhanced compensation as taxable income under the head “Income from Other Sources” u/s 56(2)(viii) of the Act and allowed statutory deduction u/s 57(iv).
Against the order of the AO the assessee went in appeal before the Ld. CIT(A). The Ld. CIT(A) confirmed the action of the Assessing Officer.
Against the order of the Ld. CIT(A) the assessee preferred an appeal before us raising the grievance that the interest received u/s 28 of the Land Acquisition Act forms part of compensation and is not taxable separately.
Per contra, the Ld. DR relied upon the order of the lower authorities.
We have heard the rival contentions and perused the material available on the record. At the outset, it is noticed that the issue involved in the present appeal is no longer res integra and stands squarely covered by the consolidated decision of the Coordinate Bench of this Tribunal in the case of Ajay Kumar & Others (ITA No. 463/Chd/2023 and connected appeals) decided on 11.11.2025. 7.1 In the said decision, the Coordinate Bench, after considering the entire statutory framework including section 56(2)(viii), section 145B(1) and the judicial precedents including the decision of the Hon’ble Supreme Court in CIT vs. Ghanshyam (HUF), has categorically held that the interest received on compensation/enhanced compensation is taxable under the head “Income from Other Sources” in the year of receipt. The Tribunal further held that the assessee is entitled only to the statutory deduction as provided u/s 57(iv) of the Act.
2 We further observe that in the lead case before the Coordinate Bench, identical arguments were raised by the assessee that interest u/s 28 of the Land Acquisition Act forms part of compensation and should not be taxed separately. The Coordinate Bench, after detailed discussion, rejected the said contention and upheld the addition made by the Assessing Officer.
3 Since the facts and the issue involved in the present appeal are identical to those adjudicated by the Coordinate Bench in the aforesaid decision, and no distinguishing facts have been brought to our notice by the Ld. Authorized Representative, we respectfully follow the binding precedent. Accordingly, following the decision of the Coordinate Bench in the case of Ajay Kumar & Others (supra), we uphold the order of the Ld. CIT(A) and dismiss the appeal of the assessee.
In the result, the appeal of the assessee is dismissed.
Order pronounced on 13/05/2026 मनोज कुमार अ"वाल लिलत कुमार (MANOJ KUMAR AGGARWAL) (LALIET KUMAR) लेखा सद"/ ACCOUNTANT MEMBER "ाियक सद" /JUDICIAL MEMBER AG आदेश की "ितिलिप अ"ेिषत/ Copy of the order forwarded to : 1. अपीलाथ"/ The Appellant
""थ"/ The Respondent 3. आयकर आयु"/ CIT 4. आयकर आयु" (अपील)/ The CIT(A) 5. िवभागीय "ितिनिध, आयकर अपीलीय आिधकरण, च"ीगढ़/ DR, ITAT, CHANDIGARH 6. गाड" फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/
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