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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Kul BharatDr. B. R. R. Kumar
ORDER Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by assessee against the order of ld. CIT(A)-1, Gurgaon dated 16.09.2016.
Delay condoned owing to the brain hemorrhage caused to the assessee which led to loss of consciousness for the longer period.
The issue of treatment of amount received u/s 28 of Land Acquisition Act, 1894 in case of compulsory acquisition of agricultural land was in the nature of interest income or part of enhanced compensation stands decided by the orders of the Tribunal in the case of Sh. Pranav Sharan in Ashwani Kumar in ITA No. 5074/Del/2012, Umang Sitani in ITA No. 3843/De/2018 wherein it was held
Bhoop Singh Yadav that the interest received u/s 28 is treated as part of compensation and hence not taxable. In the absence of any change in the judicial pronouncements, the appeal of the assessee is hereby allowed. It is also fact on record that the similar issue involved in the case of son of the assessee Sh. Dinesh Yadav stands allowed by the Revenue in the First Appellate proceedings.
In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 22/06/2023.