KULJEET SINGH,GURGAON vs. ITO, WARD 2(2), GURGAON
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the Hon'ble P&H High Court, in a similar case, held that interest on enhanced compensation is not taxable as income from other sources in the year of receipt. However, the Hon'ble Delhi High Court and other ITAT benches have ruled in favour of the revenue on this issue.
What were the facts?
The assessee claimed exemption under Section 10(37) for interest earned on enhanced compensation from compulsory acquisition of agricultural land. The tax authorities treated this interest as 'Income from other sources'. The assessee did not appear for the hearing.
What were the issues?
Whether interest received on enhanced compensation for compulsory acquisition of agricultural land is taxable as 'Income from other sources' or exempt under Section 10(37).
Which sections of the Income-tax Act were involved?
Section 10(37),Section 56(2)(viii),Section 57(iv),Section 145B
AI-generated summary — verify with the full judgment below
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- Mahender Pal Narang v. CBDT178 citing423 ITR 13 · 2024 · HC
Income Tax Appellate Tribunal, DELHI BENCHES: C : NEW DELHI
Before: SHRI S. RIFAUR RAHMAN & SHRI ANUBHAV SHARMA
Assessment Year: 2018-19 Kuljeet Singh, Vs ITO, C/o CA R.S. Poonia, Ward-2(2), D-82-B, Siwad Area, Gurgaon. Krishna Marg, Bapu Nagar, Jaipur – 302015, Rajasthan. PAN: CPHPS3205R (Appellant) (Respondent) Assessee by : None Revenue by : Shri Om Prakash, Sr. DR Date of Hearing : 01.05.2025 Date of Pronouncement : 01.05.2025 ORDER
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 31.08.2023 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the Ld. First Appellate Authority or ‘the Ld. FAA’, for short) in Appeal No.NFAC/2017-18/10040192 arising out of the appeal before it against the order dated 17.03.2021 passed u/s 143(3) r.w.s. 143(3A) and 143(3B) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the National Assessment Centre, Delhi (hereinafter referred to as the Ld. AO).
None has appeared for the assessee at the time of arguments and record shows notices have been repeatedly issued by post and also e-mail.
On hearing ld. DR and after taking into consideration the material on record, we find that the issue in dispute arises out of disallowance of exemption claimed u/s 10(37) of the Act. The assessee had claimed the exemption on the basis of interest earned by way of enhanced compensation out of compulsory acquisition of agricultural land which the tax authorities have considered as ‘Income from other sources’. In this regard, we find that the Hon’ble P&H, High Court in the case Mahindra Pal Narang vs. CBDT (2020) 423 ITR 13 dated 19/2/2020 considered the provisions of Section 10 (37), 56 (2) (viii), 57 (iv), 145B of the Income Tax Act and the plea of assessee that interest received on enhanced compensation shall not be assessed as income from other sources in the year in which it is received. Special leave petition against this decision has been dismissed by the Hon’ble Supreme Court on 04.03.2021. Since the AO of the present case falls under the jurisdiction of Hon’ble P &H High Court, therefore, ratio of Hon’ble Punjab & Haryana High Court has a binding precedent in the present case. Further in a recent decision the Hon’ble Delhi High Court, in & CM Appl.6505//2023, in the case of PCIT Vs Inderjit Singh Sodhi [HUF], has decided this issue in favour of the revenue 2
More judgments on Section 10(37)
- Rameshbhai Gordhanbhai Dudhagara, Rajkot vs Income Tax Officer, RajkotITA 738/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- Rameshbhai Gordhanbhai Dudhagara, Rajkot vs Income Tax Officer, RajkotITA 738/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- Naresh Kumar, Gurgaon, Haryana vs PCIT, JaipurITA 209/JPR/2024[2019-20]Status: Disposed28 Sept 2026AY 2019-20
- Sudhakar Purushottam Bhalerao, Osmanabad vs ITO Ward 1, LaturITA 2882/PUN/2026[2020-21]Status: Disposed25 Sept 2026AY 2020-21
- Kumar Satish, Gurugram vs ITO Ward 2(2), GurugramITA 6552/DEL/2026[2014-15]Status: Disposed21 Sept 2026AY 2014-15
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