JAGPAL,GURUGRAM vs. PR. COMMISSIONER OF INCOME TAX, FARIDABAD
What did the Tribunal hold?
The Tribunal held that interest received on enhanced compensation under Section 28 of the Land Acquisition Act is taxable as 'income from other sources' under Section 56(2)(viii) of the Income Tax Act, following amendments made in 2010. The assessee's claim for exemption under Section 10(37) was found unsustainable as it pertains to compensation, not interest.
What were the facts?
The assessee received interest of Rs 82,88,672/- on enhanced compensation for compulsory acquisition of land. The Assessing Officer (AO) accepted the assessee's claim of exemption for this interest. However, the Principal Commissioner of Income Tax (PCIT) invoked revisional powers under Section 263, holding the AO's assessment order to be erroneous and prejudicial to revenue.
What were the issues?
The primary issue was whether interest received on enhanced compensation for land acquisition is taxable as income from other sources, especially after the 2010 amendments to the Income Tax Act, or if it is exempt. The secondary issue was whether the PCIT correctly exercised revisional powers under Section 263.
Which sections of the Income-tax Act were involved?
Section 263,Section 56(2)(viii),Section 145B(1),Section 10(37),Section 28
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Cases cited in this judgment(9)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Rama Bai v. CIT258 citing181 ITR 400 · 1990 · SC
- Mahender Pal Narang v. CBDT178 citing423 ITR 13 · 2024 · HC
- Sham Lal Narula (Dr.) v. CIT100 citing53 ITR 151 · 1964 · SC
- T.N.K. Govindaraju Chetty v. CIT89 citing66 ITR 465 · 1967 · SC
- (supra), Rama Bai v. CIT84 citing181 ITR 408 · 1990 · SC
- Bikram Singh v. Land Acquisition\nCollector60 citing10 SCC 243 · 1997
- 54 Taxmann 33953 citing54 Taxmann 339 · 1991 · SC
- Puneet Singh v. CIT, Karnal28 citing415 ITR 215 · 2019 · HC · Read judgment
- 4 citing
Income Tax Appellate Tribunal, DELHI ‘C’ BENCH,
Before: SHRI ANUBHAV SHARMA, & SHRI NAVEEN CHANDRA
PER NAVEEN CHANDRA, AM :-
This appeal by the assessee is directed against the order of the ld.
ld. PCIT, Faridabad dated 14.03.2024 pertaining to A.Y 2018-19. 2. None appeared for and on behalf of the assessee. The assessee
however, has submitted a written submission alongwith a Paper book
incorporating documents and submissions made before the lower
authorities on the issue at hand. We decided to proceed with the assistance of the ld. DR. Therefore, the ld. DR was heard at length and the case records were carefully perused.
ITA No. 2092/DEL/2024 [A.Y 2018-19] ld. PCIT erred in exercising juri iction u/s 263 of the Income-tax Act,
1961 [the Act, fo
The order continues below.
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More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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