In the result, appeal filed by the assessee is allowed
Bench: S. Rifaur Rahman, Hon'Ble & Shri Amarjit Singh, Hon'Ble&
compensation was received as per Interim order with certain conditions or without any condition. Relying on the same and in view of provisions section 45(5)(c) the assessment of enhanced compensation received is sustained. (iv) The argument for adopting cost of acquisition as on 01.1981 cannot be accepted
made no difference whether the proceedings concerning enhancement of compensation were pending in appeal in the High Court. Section 155(16) read with Section 45(5)(c) of the Act would take care of the consequences of the final orders that might be passed in either the proceedings for enhancement ... additional sums received by the assessee on enhanced compensation in the AYs in question. A further corollary is that the stage for applying Section 45 (5) (c) read with Section 155 (16) of the Act cannot be said to have arisen yet. Consequently, that question need not be examined
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