TaxTMI 
TaxTMI 
1986 (1) TMI 128
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....lt with by this common order. 2. The facts briefly are that the assessees constituted an HUF and owned certain lands which were acquired by the Government and compensation paid thereon. Capital gains resulted therefrom and the question was regarding taxing the same. The HUF had carried out a partition. This was not accepted by the ITO. He taxed the capital gains protectively in the hands of the i....
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....nding that the assessees had received the enhanced compensation by the judgment of the Gujarat High Court, he took the enhanced figure for the purpose of computation of capital gains. He confirmed the rest of the order of the ITO. Regarding the claim to deduction of improvement charges an affidavit of Shri Bachubhai Ramjibhai, the then karta, was filed before the AAC but this was not accepted by h....
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....llowing two observations: "We have already held that the 15 per cent solatium is not integrated with the market value but is a gift or addition provided under the statute...." [Emphasis supplied]---State of Madras v. Balaji Chettiar AIR 1959 Mad. 16, 21. "... but a statutory right to receive the additional solatium on compulsory acquisition cannot in our judgment be regarded as a right to proper....