Smt Shikha Sadhukhan, Howrah vs. ITO, WD-44(1), Kolkata
In the result, the appeal of the Assessee is allowed
ITA 1233/KOL/2016[2008-09]Status: DisposedITAT Kolkata20 Sept 2017AY 2008-09
Bench: Shri J. Sudhakar Reddy, Am] I.T.A. No. 1233/Kol/2016 Assessment Year: 2008-09 Smt. Shikha Sadhukhan...............................…………………………..............Appellant C/O. Smt. Krishna Sadhukhan, 21/1, Sri Aurobindo Road, Howrah - 711106 [Pan: Btups5119Q] Ito, Ward 44(1) ……………………………………………………………………Respondent 3, Govt. Plact (West) Ground Floor Kolkata - 700001 Appearances By: Shri Pratyush Jhunjhunwala, Advocate Appearing On Behalf Of The Assessee. Shri Saurav Kumar, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : July 28, 2017 Date Of Pronouncing The Order September 20, 2017 Order This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax (Appeals) Dated 19.02.2016 For The Assessment Year 2008-09. 2. The Assessee Received Compensation From New India Insurance Co. Ltd. As She Lost Her Husband & Two Children In A Car Accident. The Insurance Company Delayed The Payment Of Compensation. The Assessee Filed An Appeal Before The Hon’Ble High Court & The Hon’Ble High Court Directed The Insurance Company To Pay The Compensation Of Rs. 10,26,500/- Plus Interest @ 9% For The Period
Section 194ASection 2
…t and parcel of the compensation. The Hon’ble Supreme Court in the case of Tejinder Singh 4 I.T.A. No. 1233/Kol/2016 Assessment Year: 2008-09 Smt. Sikha Sadhukhan Gujral, 1 SCC 508 (2007). Similarly in case of Abati Bexbaruah vs Dy. Director General, GSI, 3 SCC 148 has held that interest is compensation for forbearance or detention of money and that interest being awarded to a party only for being kept out of the money which ought to have been paid to him. In case of Dharampal & Others vs U.P. State Road Transport Corporation, (2008) ACJ 2041 (SC) the Hon’ble Supreme Court has held that interest is compensati…
