Valid service of reassessment notice upheld; taxability of interest on enhanced compensation sent back for fresh examination.

Reassessment notice under Section 148 was served through a notice server, speed post and affixture, and the record showed no infirmity in those modes of service; the service was therefore treated as valid. Interest on enhanced compensation required fresh examination because its tax treatment depends on whether the amount falls under Section 28 of the Land Acquisition Act, as an accretion to compensation, or under Section 34, as compensatory interest for delay. The matter was remanded for the assessee to produce the relevant material, while the service ground was rejected.

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Issues: (i) Whether reassessment notice under Section 148 of the Income-tax Act, 1961 was validly served. (ii) Whether interest received on enhanced compensation was taxable as part of compensation or required fresh examination depending on whether it fell under Section 28 or Section 34 of the Land Acquisition Act, 1894.

Issue (i): Whether reassessment notice under Section 148 of the Income-tax Act, 1961 was validly served.

Analysis: The notice was attempted through the notice server, then by speed post, and also by affixture. The record did not show any infirmity in these modes of service, and the assessee did not dispute the factual steps taken by the Revenue.

Conclusion: The notice was held to have been validly served, and the ground was dismissed.

Issue (ii): Whether interest received on enhanced compensation was taxable as part of compensation or required fresh examination depending on whether it fell under Section 28 or Section 34 of the Land Acquisition Act, 1894.

Analysis: The tax treatment depended on the nature of the interest. Interest under Section 28 is an accretion to compensation, while interest under Section 34 is compensatory for delay in payment. As the record did not establish under which provision the amount had been received, the matter could not be finally decided on the existing material.

Conclusion: The issue was set aside to the Assessing Officer for fresh consideration after the assessee produces the relevant material.

Final Conclusion: The appeal was disposed of by sustaining the validity of service of notice and remanding the taxability of interest on enhanced compensation for fresh adjudication, resulting in only partial relief to the assessee.

Ratio Decidendi: Valid reassessment service can be established by multiple attempted modes of service when the record supports due compliance, and the taxability of compensation-linked interest turns on whether it is interest under Section 28 or merely delayed-payment interest under Section 34 of the Land Acquisition Act, 1894.

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