2011 (2) TMI 144

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....d files of the appeal.   2. This appeal has been filed at the instance of the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against the order dated 27.2.2006 passed by the Income Tax Appellate Tribunal, Chandigarh Bench "B", Chandigarh in ITA No. 296/Chandi/ 2005, relating to the assessment year 1998-99, claiming the following substantial question of law:-   "Whether on the facts and circumstances of the case, the ITAT is right in law in restoring the issue back to the file of CIT(A) for fresh decision after the receipt of final compensation award and interest thereon, when the assessee itself had disclosed income on the subject interest in the return of income and whether the Assessing Officer ....

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....d in the year of its finality. Against the order of the CIT(A), the revenue approached the Tribunal who vide order dated 27.2.2006 restored the matter to the CIT(A) for fresh decision after the receipt of the final award and interest thereon. This gave rise to the revenue to approach this Court by way of instant appeal. 4. We have heard learned counsel for the revenue. 5. The point for consideration in this appeal is whether the amount received by the assessee in pursuance of an award of the Arbitrator which had not attained finality being still under challenge before a Court would be exigible to tax.   6. The Tribunal by relying upon the decision of the Apex Court in Commissioner of Income Tax v. Hindustan Housing and Land De....