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of <h1>Tribunal rules cash compensation not taxable; to adjust asset cost for capital gains.</h1> <h3>Kushal K Bangia Versus Income Tax officer 21 (1) (2)</h3> Kushal K Bangia Versus Income Tax officer 21 (1) (2) - TMI Issues:1. Taxability of cash compensation received by the assessee under the head income from other sources.2. Whether the cash compensation should be assessed as long-term capital gain instead of income from other sources.Issue 1: Taxability of Cash Compensation:The appellant contested the addition of Rs.11,75,000 received as cash compensation, arguing it should be treated as a capital receipt and not taxable income. The appellant, a member of a housing society, received the compensation as part of an agreement with a developer for the reconstruction of a building. The Assessing Officer treated the cash compensation as casual income, leading to the dispute. The tribunal analyzed the legal position, emphasizing that capital receipts are not taxable unless specifically provided for in the Income Tax Act. Referring to case law, the tribunal held that a capital receipt is outside the scope of taxable income unless it falls under specific provisions. The tribunal concluded that the cash compensation, being related to a capital asset, should not be taxed as income but should reduce the cost of acquisition of the asset for future capital gains computation.Issue 2: Assessment as Long-Term Capital Gain:The appellant also argued that the cash compensation should be assessed as long-term capital gain instead of income from other sources. The tribunal considered this argument in conjunction with the first issue. While agreeing that the receipt was not of revenue nature, the tribunal noted that the compensation would affect the cost of acquisition of the asset for future capital gains calculation. Therefore, the tribunal upheld the appellant's contention that the cash compensation should not be treated as income but should be considered in computing capital gains when relevant. The tribunal allowed the appeal based on these considerations.In summary, the tribunal ruled in favor of the appellant, holding that the cash compensation received should not be treated as taxable income but should be accounted for in reducing the cost of acquisition of the asset for future capital gains calculation. The judgment clarified the distinction between capital receipts and revenue receipts, emphasizing that unless specifically provided for, capital receipts are not taxable as income.
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