2001 (8) TMI 55

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....plication under section 256(2) of the Income tax Act, 1961, has been made by the Department seeking a direction against the Income-tax Appellate Tribunal to refer the following questions of law for the opinion of this court: "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in holding that reopening of the case for the year ....

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....at the Land Acquisition Officer, Jodhpur, made an award with respect to the land of the assessee-respondent acquired under the notification dated October 10, 1974. On appeal, the amount of compensation was enhanced. The respondent-assessee received the enhanced compensation on October 27, 1986. An assessment was made on the amount of compensation as well as enhanced compensation in the assessment ....

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.... On second appeal by the Department, the Income-tax Appellate Tribunal agreed with the view of the Commissioner of Income-tax. It is contended by Mr. Sandeep Bhandawat learned counsel for the Revenue that sub-section (5) of section 45 specifically deals with the cases of compulsory acquisition and is applicable with reference to the date of receipt of the compensation notwithstanding anything c....