Mahender Pal Narang v. CBDT

161 Taxmann.com 301High Court2024#543 most cited

What is Mahender Pal Narang v. CBDT authority for?

Interest received as enhanced compensation under Section 28 of the Land Acquisition Act, 1894, for compulsory acquisition of land is taxable as "income from other sources" under Sections 56(2)(viii) and 57(iv) of the Income-tax Act, 1961, and is not exempt under Section 10(37).

178

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2021 to 2026.

Also referred to as

Mahender Pal Narang v. CBDT · interest enhanced compensation · compulsory land acquisition · Section 28 Land Acquisition Act · Section 56(2)(viii) Income Tax Act · Section 57(iv) Income Tax Act · income from other sources · Section 10(37) · taxability of interest · Section 145B

Issues it is cited on

Judgments citing Mahender Pal Narang v. CBDT

The Baranagar Jute Factory Plc, Kolkata vs. Principal CIT - 1, Kolkata

ITA 1149/KOL/2018[2013-14]Status: DisposedITAT Kolkata16 Jun 2023AY 2013-14

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 1149/Kol/2018 Assessment Year: 2013-14 The Baranagar Jute Factory Plc Principal Cit-1, Kolkata C/O Subash Agarwal & Associates Vs Siddha Gibson 1, Gibson Lane Suite-213, 2Nd Floor Kolkata - 700069 [Pan : Aabct0134C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, A/R Revenue By : Shri G.H. Sema, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 20/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/06/2023 आदेश/O R D E R Per Rajesh Kumar: This Is The Appeal Preferred By The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax - 1, Kolkata (Hereinafter Referred To As The Ld. Pr. Cit”], Passed U/S 263 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 28/03/2018 For The Assessment Year 2013-14. The Assessee Has Challenged The Order Of The Ld. Pr. Cit U/S 263 Of The Act Through The Various Grounds Of Appeal. 2. Facts In Brief Are That The Assessment Was Framed U/S 143(3) Of The Act Vide Order Dt. 31/03/2016. The Ld. Pr. Cit, Upon Perusal Of The Assessment Records, Observed That The Assessing Officer Has Not Examined The Four Issues Which Were Discussed By The Ld. Pr. Cit In The Revisionary Order Which Are Extracted Below:- “2. On A Perusal Of The Assessment Record Of The Assessee, It Was Observed As Under:

For Appellant: Shri Siddharth Agarwal, A/RFor Respondent: Shri G.H. Sema, CIT, D/R
Section 143(3)Section 145ASection 263Section 56

…| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER & SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER I.T.A. No. 1149/Kol/2018 Assessment Year: 2013-14 The Baranagar Jute Factory PLC Principal CIT-1, Kolkata C/o Subash Agarwal & Associates Vs Siddha Gibson 1, Gibson Lane Suite-213, 2nd Floor Kolkata - 700069 [PAN : AABCT0134C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Siddharth Agarwal, A/R Revenue by : Shri G.H. Sema, CIT, D/R सुनवाई क" तारीख/Date of Hearing : 20/04/2023 घोषणा क" तारीख /Date of Prono…

Subhash Chand Dhingra, Gurgaon vs. ACIT Central Circle-3(1), Gurgaon

The appeals are dismissed

ITA 1063/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Feb 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

For Appellant: Smt. Kavita Jha, AdvFor Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 10(37)Section 139(4)Section 139(5)Section 143Section 143(3)Section 145ASection 263Section 56(2)(viii)Section 57

…77 was decided on 20/10/2009, Tuhi Ram Vs. Land Acquisition Collector (1993) 66 taxman 127 was decided on 13/12/1991 and ITAT order in Puneet Singh Vs. ACIT in ITA No. 141/Del/2017 is of 11.10.2017. The date of decision in case of Mahender Pal Narang Vs. CBDT 423 ITR 13 (P&H) is of 19/2/20. As a matter of fact the assessment was concluded on 14.11.2019. 31. Thus it can be reasonably concluded that even before the judgment of Mahender Pal Narang Vs. CBDT, (supra), the consistent view of Hon‟ble Punjab and Haryana High Court has been that interest received on delayed payment of compensation under either Section 28…

Ashok Kumar Dhingra, Gurgaon vs. ACIT Circle-1(1), Gurgaon

The appeals are dismissed

ITA 1061/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Feb 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

For Appellant: Smt. Kavita Jha, AdvFor Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 10(37)Section 139(4)Section 139(5)Section 143Section 143(3)Section 145ASection 263Section 56(2)(viii)Section 57

…77 was decided on 20/10/2009, Tuhi Ram Vs. Land Acquisition Collector (1993) 66 taxman 127 was decided on 13/12/1991 and ITAT order in Puneet Singh Vs. ACIT in ITA No. 141/Del/2017 is of 11.10.2017. The date of decision in case of Mahender Pal Narang Vs. CBDT 423 ITR 13 (P&H) is of 19/2/20. As a matter of fact the assessment was concluded on 14.11.2019. 31. Thus it can be reasonably concluded that even before the judgment of Mahender Pal Narang Vs. CBDT, (supra), the consistent view of Hon‟ble Punjab and Haryana High Court has been that interest received on delayed payment of compensation under either Section 28…

Satish Kumar Dhingra, Haryana vs. ACIT Circle-4(1), Gurgaon

The appeals are dismissed

ITA 1060/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Feb 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharmasubhash Chand Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Central Circle-3(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aarpd8652J Satish Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-4(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Aanpd1971A Ashok Kumar Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Abupd6730B Giriraj Dhingra, Vs. Acit, House No. 1/43, Shivaji Nagar, Circle-1(1), Gurgaon Gurgaon (Appellant) (Respondent) Pan: Achpd9434E

For Appellant: Smt. Kavita Jha, AdvFor Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 10(37)Section 139(4)Section 139(5)Section 143Section 143(3)Section 145ASection 263Section 56(2)(viii)Section 57

…77 was decided on 20/10/2009, Tuhi Ram Vs. Land Acquisition Collector (1993) 66 taxman 127 was decided on 13/12/1991 and ITAT order in Puneet Singh Vs. ACIT in ITA No. 141/Del/2017 is of 11.10.2017. The date of decision in case of Mahender Pal Narang Vs. CBDT 423 ITR 13 (P&H) is of 19/2/20. As a matter of fact the assessment was concluded on 14.11.2019. 31. Thus it can be reasonably concluded that even before the judgment of Mahender Pal Narang Vs. CBDT, (supra), the consistent view of Hon‟ble Punjab and Haryana High Court has been that interest received on delayed payment of compensation under either Section 28…

Shri Ishwar Singh, Jgadhari vs. Pr. CIT, Panchkula

Appeal of the asssessee is allowed

ITA 45/CHANDI/2020[2015-16]Status: DisposedITAT Chandigarh20 Jan 2022AY 2015-16

Bench: Shri N.K. Saini, Vice- & Shri Vikas Awasthyआअसं. 45/ चंडीगढ़/2020(िन.व. 2015-16) Ishwar Singh, Ca, Ajay Kumar Singh, Sco 80-81, 4Th Floor, Sector-17C, Chandigarh-160017 Pan: Cmhps2458D ...... अपीलाथ" /Appellant बनाम Vs. Pr.Cit, Aayakar Bhavan Sector-2, Panchkula-134109. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Ajay Jain, Ca "ितवादी "ारा/Respondent By : Sh. Bikram Batra, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 26/10/2021 घोषणा क" ितिथ/ Date Of Pronouncement : 20 /01/2022 आदेश/ Order आदेश आदेश आदेश Per Vikas Awasthy

For Appellant: Sh. Ajay Jain, CAFor Respondent: Sh. Bikram Batra, CIT-DR
Section 10(37)Section 142(1)Section 263Section 28Section 56Section 57

…आअसं.45/ चंडीगढ़/2020 (िन.व.2015-16) ITA NO.45/Chd./2020 (A.Y.2015-16) prior to amendment. The ld. DR in support of his contentions placed reliance on the decision of Hon’ble Punjab & Haryana High Court in the case of Mahender Pal Narang vs. CBDT reported as 423 ITR 13, to contend that interest received u/s28 of the LAA is no exception to the amended provisions of sections 56(2), 57(iv) and 145A(b) of the Act. 6. The ld. AR rebutting the submissions made on behalf of the Department submitted that even after amendment there has been no change in the status of interest received under section 28 of the Land Acquis…