2009 (7) TMI 414

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....ls) passed on October 30, 1992, as infructuous without considering the merits, facts and material avail able on records, as while passing the fresh assessment order on January 30, 1992, the Assessing Officer had brought to tax further amounts of compensation, additional compensation and solatium, etc., on the basis of these received as a result of the decision dated May 31, 1986, of the Additional District Judge, which were not assessed in the original assessment order, appeal in respect of which was decided by the learned Income-tax Appellate Tribunal on January 31, 1994?" 2. As the point and the parties in these three appeals are one and the same and have arisen out of common judgment and order dated May 21, 1999, passed by the Tribunal,....

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....er, be equal to the claim actually awarded by the civil court in view of the risk of hazards of litigation. In our view, therefore, the approach of the Assessing Officer is reasonable adopting the value of right to receive additional compensation at Rs. 17.50 per sq. yd. We accordingly uphold that there was no basis with the learned Commissioner of Wealth-tax (Appeals) to direct the Assessing Officer in taking into consideration the interest and solatium ultimately awarded for the purposes of computation of such right. We accordingly direct that the directions of the learned Com missioner of Wealth-tax (Appeals) to direct that the directions of the learned Commissioner of Wealth-tax (Appeals) be ignored and the value of right to receive add....