2015 (7) TMI 742

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....Sharma, Advs. For the Respondent : None JUDGMENT CM Nos. 11466/2015 & 11467/2015 (for exemption) 1. Exemptions allowed subject to all just exceptions. 2. The applications are disposed of. ITA Nos. 378/2015 & 379/2015. 3. These appeals by the Revenue are directed against the common order dated 10th November 2014 passed by the Income Tax Appellate Tribunal ('ITAT') dismi....

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....to Supreme Court, in terms of the said Award, the Assessee received a payment of Rs. 4,91,98,124 for rent and interest on arrears of rent minus the tax deducted at source ('TDS') which worked out to Rs. 10,04,043. 5. In the assessment proceedings for the aforementioned AYs, one of the questions that arose was whether the arrears of rent and interest thereon was a capital receipt or a re....

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....Appeals) [CIT (A)]. In the separate orders allowing each of the Assessee's appeals, the CIT (A) noted that all the facts were disclosed to the authorities by the Assessee. It was held that the additions were made only on account of the difference of interpretation between the Department and the Assessee. Accordingly, it was held that the case did not fall within the purview of Section 271 (1) ....