BHUPENDRA FLOUR MILLS PVT LTD,BATHINDA vs. ITO, WARD 1(1), BATHINDA, BATHINDA
What did the Tribunal hold?
The Tribunal held that interest on enhanced compensation is taxable under Section 56(2)(viii) of the Income Tax Act for assessment years post-amendment. However, it deleted the addition for unexplained cash deposits, stating the department failed to prove the cash was utilized elsewhere.
What were the facts?
The assessee claimed enhanced compensation and interest received from land acquisition as exempt. The AO taxed this amount, and the CIT(A) confirmed it. Separately, the AO added cash deposits made during demonetization as unexplained income, which the CIT(A) also confirmed.
What were the issues?
Whether interest on enhanced compensation is taxable under the amended provisions of the Income Tax Act, and whether cash deposits during demonetization can be treated as unexplained income without proof of alternative utilization.
Which sections of the Income-tax Act were involved?
Section 56(2)(viii),Section 145B(1),Section 69A,Section 115BBE
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Cases cited in this judgment(11)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.
- CIT v. Ghanshyam (HUF)363 citing315 ITR 1 · 2009 · SC · Read judgment
- CIT v. Thana Electricity Supply Ltd.260 citing206 ITR 727 · 1994 · HC
- Mahender Pal Narang v. CBDT178 citing161 Taxmann.com 301 · 2024 · HC
- Eagle Flask Industries Ltd. v. Commissioner of Central Excise, 2004 Supp (4) SCR 35. State of Jharkhand v Ambay Cements146 citing1 SCC 368 · 2005 · SC
- In\nSedco Forex International Drilling Inc. v. CIT116 citing279 ITR 310 · 2005 · SC
- Additional/Joint/Deputy/Assistant Commissioner of Incometax/Income-tax Officer v. Mylan Laboratories Ltd.60 citing137 Taxmann.com 178 · 2022 · HC
- 112 CTR 35644 citing112 CTR 356 · 1993 · HC
- Union of India v. Hari Singh & Ors.\n44 citing408 ITR 1 · 2018 · SC
- Shiv Charan Dass v. CIT26 citing126 ITR 263 · 1980 · HC
- 170 Taxmann.com 20411 citing170 Taxmann.com 204 · 2025
- Kavita Chandra v. CIT(A)10 citing398 ITR 641 · 2017 · HC
Income Tax Appellate Tribunal, “DB” BENCH, AMRITSAR
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & SHRI UDAYANDASGUPTA, JM
Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2017- 18 arises out of an order of learned Commissioner of Income Tax (Appeals)-3, Gurgaon [CIT(A)] dated 25-11-2024 in the matter of an assessment framed by Ld. AO u/s 143(3) on 19-12-2019. In the assessment order, Ld. AO made twin additions of Rs.258.46 Lacs and Rs.233 Lacs which is subject matter of present appeal before us. Having heard rival submissions, the appeal is disp
The order continues below.
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More judgments on Section 56(2)(viii)
- Rameshbhai Gordhanbhai Dudhagara, Rajkot vs Income Tax Officer, RajkotITA 738/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
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- Sudhakar Purushottam Bhalerao, Osmanabad vs ITO Ward 1, LaturITA 2882/PUN/2026[2020-21]Status: Disposed25 Sept 2026AY 2020-21
- Randhir Singh, Yamunanagar vs ITO, YamunanagarITA 661/CHANDI/2026[2017-18]Status: Disposed22 Sept 2026AY 2017-18
- Rakesh, Gurgaon vs Income Tax Officer, GurugramITA 5707/DEL/2026[2019-20]Status: Disposed21 Sept 2026AY 2019-20
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