1987 (1) TMI 166

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....8th Dec., 1974. There was a claim for an additional compensation and such additional compensation including interest was awarded on8th Dec., 1980. The amount was Rs. 1,95,112. The WTO took action under s. 17 to bring to tax the compensation due to assessee on the relevant valuation dates which were the last day of the financial years 1977 to 1980. While making the assessment the WTO included in the wealth of the assessee, the amounts of additional compensation of Rs. 1,47,142 as awarded by the Fifth Addl. District Judge, Saharanpur vide order dt. 29th May, 1979 in respect of assessee's land measuring 15 bighas and 2 biswas and also included the additional compensation of Rs. 1,95,112 in respect of land measuring 12 bighas 14 biswas of asses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... included in the wealth of the assessee and he directed that 50 per cent of the enhanced compensation awarded should by taken as on the valuation dates. 3. The Department has now challenged the order of the AAC. It is submitted that the first additional claim crystallised in May, 1979 and therefore, the whole of it was includible in the asst. yr. 1980-81 and the value on the earlier valuation dates could not be much lesser. It was further submitted that the value of the additional compensation of Rs. 1,95,112 was determined in Dec., 1980 and the value of this claim in the 4 year could not have been taken at as less as 50 per cent. Reliance was placed on the Madhya Pradesh High Court in 153 ITR 68 and it was submitted that the AAC had no ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sions and we find that the additional compensation of Rs. 1,47,142 had been awarded on29th May, 1979and the other amount of Rs. 1,95,112 had been awarded on8th Dec., 1980. The payments were made to the assessee sometime later. As far as the first additional amount is concerned, it remained merely a claim for the asst. yr. 1977-78, 1978-79 and 1979-80 and only in respect of the asst. yr. 1980-81, it was in the form of an award. It is true that this award was further challenged by the State and the matter was pending. As far as the second additional amount was concerned, in had not been crystallised in the form of an award upto any of the valuation dates under consideration. If after the additional amounts were awarded, there had been no chal....