enhanced compensation under section 28 of
the LA Act and no amount of interest was paid under
section 34 of the LA Act and that ... interest paid under section 34 of the LA
Act. Interest under section 28 , unlike under section 34 is
an accretion in value and regarded
u/s 28 of the LA Act 1894,
Sec. 56(2)(viii) overrides Sec. 10(37) ? The answer is no as the income travels ... Income Tax Act, Section 96, sections 72 and 80 of RCTRR Act 2013, sec. 28 and 34 of
the LA Act 1894 and Landmark Judicial
that Section 10(37)
of the Act operates as a special provision, excluding the application of both Section
45 of the Act and Section ... U/s 28 of the LA Act is not in the nature of interest
U/s 56(2)(viii) of the Income Tax Act
section 28 of the LA Act and submitted
that the provision of section 194A do not apply for the reason that
interest under section ... interest paid under section 34 of the
LA Act. Interest under section 28 , unlike under section 34 is an
accretion in value and regarded
section 28 of the LA Act and submitted that the provision of section 194A
do not apply for the reason that interest under section ... interest paid
under section 34 of the LA Act. Interest under section 28 , unlike under
section 34 is an accretion in value and regarded
34 of the LA Act as
well as the interest awarded by the courts u/s.28 of the LA Act. Thereafter ... LA Act is different from the interest granted u/s.34 of the LA Act.
The Hon'ble Court held that the interest
interest on
enhanced compensation falls under section 28 of LA Act and is
taxable in the year of receipt."
2. "On the facts ... observing that the interest received by the
assessee falls under section 34 of LA Act. This observation of the Ld.
ITA NO.2563/DEL/2012
also been held that interest u/s 28 of the Land
Acquisition Act, 1894 unlike interest u/s 34 is an accretion to the value ... interest under section 28 of the land
Acquisition Act and not with reference to the interest received under section 34 of
the LA Act
Maruti Suzuki India Ltd., New Delhi vs Addl. Cit, New Delhi on 17 October, 2018
However, it does follow from the aforesaid
decision that interest payable u/s 34 which is chargeable under
the residuary head, cannot be said ... taxable of interest, apply mutatis
mutandis to interest paid u/s 34 of that LA Act . There remains no
dispute to the fact that