2025 (1) TMI 643

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....R.DR ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as 'the CIT(A)') dated 04.12.2023, for assessment year 2018-19. 2. The solitary issue raised by the assessee in appeal is against confirming addition of interest u/s. 28 of the Land A....

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....ompensation against acquisition of land was received. The assessee claimed interest as part of the compensation and exempt from tax u/s. 10(37) of the Act in accordance with law laid down by the Hon'ble Supreme Court of India in the case of CIT vs. Ghanshyam HUF, 2009 (8) SCC 412/315 ITR 1. In assessment proceedings, the Assessing Officer treated the interest awarded to the assessee on enhance....

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....rtion of aforesaid Clause the Hon'ble Apex Court in the case of CIT vs Ghanshyam HUF (supra) has held that interest received on compensation/enhanced compensation is part of compensation, hence, exigible to tax u/s. 45(5) of the Act. The Hon'ble Punjab and Haryana High Court in the case of Mahender Pal Narang vs CBDT, 120 taxmann.com 400 (P&H) after considering amended provisions of sectio....