2005 (2) TMI 52

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.... sought to raise, in this appeal under section 260A of the Income-tax Act, 1961 (for short "the Act"), as many as six substantial questions of law which, it is said, arise out of the order of the Income-tax Appellate Tribunal. The nub of the controversy, however, is really with regard to the question whether enhanced compensation of about Rs. 14.75 lakhs received by the appellant is taxable in the year of receipt or is taxable only when it is finally determined to whom the amount, or part thereof, is due. The appellant had bhumidari rights in respect of the land which was acquired by the Delhi Government. Apart from the appellant who claimed compensation, the Gaon Sabha as well as the owner of the land also claimed compensation which was....

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....r of fact, the terms under which the enhanced compensation had been received by the appellant and whether he was required to furnish any bank guarantee for restitution of this amount. The reason for the view taken by the Income-tax Appellate Tribunal was that it would have some bearing on the absolute entitlement of the appellant to the enhanced compensation in question. Since the factual position was apparently not available from the record, the Income-tax Appellate Tribunal restored the case to the file of the Commissioner of Income-tax (Appeals) with a direction to verify the specific facts mentioned in the impugned order and thereafter the Commissioner of Income-tax (Appeals) would pass a speaking order in accordance with law after affo....

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....d. There is no merit in this appeal. The same is, accordingly, dismissed. No costs. I.T.A. No. 234/2004 This is an offshoot of the order dated December 16, 2002, passed in I.T.A. No. 92/Del/98 which has already been dealt with above. After the Income-tax Appellate Tribunal passed its order dated December 16, 2002, the appellant filed an application under section 254(2) of the Act praying for its recall. It was contended that certain mistakes of law as well as of fact have crept into the order. It was submitted before the Income-tax Appellate Tribunal that the appellant had not been given a full hearing in the matter but was given an impression that the appeal filed by the Revenue was likely to be dismissed. Therefore, the order ....