https://www.taxtmi.com/caselaws?id=11405 In compulsory acquisition, capital gains chargeability arises with reference to the award date, because transfer is treated as complete on the award and dispossession. Section 45(5) is a special provision confined to enhanced or further enhanced compensation awarded by a court, tribunal, or other authority, and it does not apply where no enhancement exists. Clause (a) of section 45(5) covers compensation received in the first instance under the award, not pre-award advance payments. Accordingly, advance money received before the award is not taxed as award compensation in the earlier assessment year, and only the amount payable under the award is assessable in the year relevant to that transfer. en-us Wed, 05 Feb 2003 00:00:00 +0530 Sat, 08 Aug 2009 09:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=11405 In compulsory acquisition, capital gains chargeability arises with reference to the award date, because transfer is treated as complete on the award and dispossession. Section 45(5) is a special provision confined to enhanced or further enhanced compensation awarded by a court, tribunal, or other authority, and it does not apply where no enhancement exists. Clause (a) of section 45(5) covers compensation received in the first instance under the award, not pre-award advance payments. Accordingly, advance money received before the award is not taxed as award compensation in the earlier assessment year, and only the amount payable under the award is assessable in the year relevant to that transfer. Case-Laws Income Tax Wed, 05 Feb 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=11405