2014 (1) TMI 1727

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....Respondent. ORDER Ajay Kumar Mittal,J. 1. This order shall dispose of CWP Nos.2290 and 2292 of 2001 as according to the learned counsel for the parties, the issue involved therein is identical. However, the facts have been extracted from CWP No.2290 of 2001. 2. Briefly, the relevant facts as narrated in the CWP No.2290 of 2001 are that Duli Chand son of late Shri Mange Ram, father of p....

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....ments in execution proceedings on 11.12.1998 and 19.3.1999. While depositing the compensation amount, the Land Acquisition Officer, Urban Estate, Panchkula, respondent No.4 deducted Tax Deduction at source (TDS). Respondent No.4 had not issued certificate of TDS under Section 203 of the Income Tax Act, 1961. The petitioners requested the respondent authorities for refund of the amount of TDS but n....

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....ed counsel for the petitioners was unable to demonstrate that the interest received was not for delayed payment of the enhanced amount of compensation. In such a situation, it would be taxable as it falls under Section 56 of the Act as income from other sources. 6. This Court in Commissioner of Income Tax, Faridabad v. Bir Singh (HUF), Ballabgarh, ITA No.209 of 2004, decided on 27.10.2010, afte....

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.... compensation under Section 28 of the 1894 Act falls for taxation under Section 56 as 'income from other sources' in the year of receipt. 27. The interpretation aforesaid has the legislative acceptance by way of incorporation of Section 145A(b) and 56(1)(viii) w.e.f. 1.4.2010 by Finance (No.2) Act, 2009 whereby now irrespective of system of accountancy being followed by the assessee, the ....