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Income Tax Officer, Fatehabad vs Mahesh Nagpal, Fatehabad on 11 November, 2025 cites

Smt. Ram Pyari Bai, Kota vs Assistant Commissioner Of Income Tax, ... on 14 September, 2018

12. Gujarat High Court in MovaliyaBhikhubhai Balabhai's case (supra) while dealing with deduction of tax at source relying upon Circular No. 5 of 2010 held that amendment to the provisions of the 1961 Act by Finance Act, 2010 Act was not in 41 connection with the decision of Supreme Court in Ghanshyam's case (supra) but to mitigate the hardship caused by the decision of Supreme Court in Rama Bai's case (supra). It was held that interest under section 28 of the 1894 Act continues to part take the character of compensation and will not fall within the ambit of expression "interest". In view of discussion above, we with utmost respect are not in agreement with the view taken by Gujarat High Court. There is another aspect, i.e. the language of sections 56(2)(viii) and 57(iv) of the 1961 Act is plain, simple and unambiguous. There is no scope of taking outside aid for giving an interpretation to newly inserted sub-sections and clauses.
Income Tax Appellate Tribunal - Jaipur Cites 2 - Cited by 18 - Full Document

Smt. Savitri Devi, Anil Kumar Agarawal ... vs Assistant Commissioner Of Income Tax on 28 March, 2002

30. It was further contended that the decision of the Hon'ble Punjab & Haryana High Court in the case of Mahender Singh Narang was rendered per incurium, since the Hon'ble Court did not take into account the binding precedents of the Hon'ble Supreme Court in the cases of Hari Singh v. UOI (2018) 91 taxmann.com 20 (SC), Savitri Devi v. CIT, and other connected matters. Therefore, it was argued that this Tribunal is not bound to follow a per incurium decision. The Ld. AR emphasised that the interest received on enhanced compensation under Section 28 of the Land Acquisition Act, 1894, cannot be taxed as "Income from other sources," since there exists no charging provision in the Income-tax Act which brings such receipts to tax under Section 56(2)(viii).
Income Tax Appellate Tribunal - Lucknow Cites 34 - Cited by 10 - Full Document
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