NEETU YADAV,GURGAON vs. INCOME TAX OFFICER, GURGAON

ITA 845/DEL/2025Status: DisposedITAT Delhi29 September 2025AY 2014-1510 pages
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What did the Tribunal hold?

The Tribunal held that interest received under Section 28 of the Land Acquisition Act is part of enhanced compensation and not taxable as income from other sources, following Supreme Court decisions. The Tribunal also rejected the Revenue's argument regarding the land's distance from urban areas for capital gains purposes.

What were the facts?

The assessee received interest on enhanced compensation for acquired land. The Revenue treated this interest as taxable income from other sources, while the assessee argued it was part of enhanced compensation and exempt under Section 10(37). Another issue involved the classification of land as a capital asset for long-term capital gains.

What were the issues?

Whether interest on enhanced compensation is taxable as income from other sources or exempt as part of enhanced compensation. Whether the land sold qualifies as a capital asset for long-term capital gains.

Which sections of the Income-tax Act were involved?

Section 56(2)(viii),Section 10(37),Section 2(14)(iii)(b),Section 28

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Cases cited in this judgment(14)Show list

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Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal

For Appellant: Adv. &
Hearing: 29.09.2025Pronounced: 29.09.2025

Heard together (3 matters)

ITA No. 4095/Del/2024
ITA No. 4229/Del/2024
ITA No. 845/Del/2025

Read from the judgment's own cause title. This page is filed under one of them.

Per Satbeer Singh Godara, Judicial Member:

These assessee’s three appeals in ITA Nos. 4095 & 4229/Del/2024 and ITA No. 845/Del/2025 for Assessment Years 2013-14, 2014-15 & 2019-20, arise against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024- 25/1066728710(1) & 1067097100(1) & 1066774096(1) dated 15.07.2024, 16.07.2024 & 29.07.2024 in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”), respectively.

2.

Heard both the parties at length. Case files perused.

3.

Coming to the assessee’s twin appeals ITA No. 845/Del/2025 and ITA No. 4

The order continues below.

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