Vinod Prabhudayal Agrawal vs. ITO, Ward-1, Dhule
Parties Involved
Facts Summary
The assessee, Vinod Prabhudayal Agrawal, filed an appeal against the order of the Ld. CIT(A)/NFAC, Delhi, dated 24.03.2025, relating to the assessment year 2018-19. The assessee had filed an income return declaring a total income of Rs.49,79,080/-. The case was selected for limited scrutiny assessment under the E-assessment Scheme, 2019. The assessee claimed exemption for the interest received on enhanced compensation amounting to Rs.63,44,261/- from NHAI on compulsory acquisition of agricultural land. The Assessing Officer made an addition of Rs.31,72,131/- as income from other sources u/s 56(2)(viii) of the Act. The Ld. CIT(A)/NFAC upheld the action of the Assessing Officer.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the interest on enhanced compensation on compulsory acquisition of agricultural lands is exempt from payment of Income Tax under section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
- 2. Whether the learned CIT(A), NFAC erred in law and on facts in sustaining the addition made by the learned AO of Rs.31,72,131/- u/s 56(2)(viii) of the ITA, 1961?
- 3. Whether the interest received by appellant u/s 28 of the Land Acquisition Act, 1894 forms part of enhanced compensation and is exempt u/s 10(37) of the ITA, 1961?
- 4. Whether the learned CIT(A), NFAC and the learned AO erred in treating interest received on enhanced compensation as taxable?
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
13 precedents cited in this judgement.
Similar Judgements
Anil Kumar Bhatia Vs Income Tax Officer
Delhi Bench benchAY 2017-18AllowedSh. Mahender vs. Income Tax Officer, Ward-1, Hisar
Delhi Bench benchAY 2020-21AllowedKrishan Kumar Yadav Vs Income Tax Officer, Ward-2, Rewari, Haryana
Sh. Mange Ram Vs. Pr. Commissioner of Income Tax, Faridabad
Delhi Bench benchAY 2017-18AllowedKanta Rani Yadav Vs. The P.C.I.T
DELHI 'C' BENCH, NEW DELHI benchAY 2015-16DismissedVimla Devi Thakran Vs. Income Tax Officer
Delhi Bench benchAY 2017-18Allowed