Section 145B of the Income Tax Act
The decision most relied on for Section 145B is CIT v. Sohana Woollen Mills (296 ITR 238), cited in 180 of the 56 judgments on BharatTax that turn on this section.
Leading authorities on Section 145B
A mere audit objection, by itself, is insufficient to infer that an Assessing Officer's order is erroneous or prejudicial to the interest of the Revenue for the purpose of initiating revisional proceedings.
Interest received on compensation or enhanced compensation from compulsory acquisition of land is taxable under the head 'Income from other sources' in the year of receipt, as per the amended provisions, with a 50% deduction available under section 57(iv).
Interest awarded under Section 28 of the Land Acquisition Act, 1894, includes interest on statutory solatium, treating solatium as an integral part of compensation. For income tax, interest on delayed compensation under the LAA is taxed as capital gains, not as 'interest' under Section 2(28A), and qualifies for Section 10(37) exemption if the acquired land is agricultural.
Judgments on Section 145B
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