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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, EASWARAN S., JJ.
Shri. Anvar Ali Poolakkodan – Appellant
Versus
Income Tax Officer – Respondent
JUDGMENT :
A.K. Jayasankaran Nambiar, J.
As these two Income Tax Appeals involve a common issue with regard to the head of income under which interest amounts, paid on the delayed payment of compensation or enhanced compensation for compulsory acquisition of agricultural land, is to be classified, they are taken up together for consideration and disposed by this common judgment.
2. I.T.A.No.32 of 2023 is preferred against the order dated 30.03.2023 of the Income Tax Appellate Tribunal that remands the issue of taxability of such interest to the Assessing Officer with a direction that while the interest amounts received @ 9% p.a will qualify for exclusion from total income under Section 10 (37) of the Income Tax Act [hereinafter referred to as the “I.T. Act”], the interest amounts received @ 15% p.a will be assessable as ‘Income from other sources’ under Section 56 (2)(viii) of the I.T. Act.
3. I.T.A.No.60 of 2024 is preferred against the order dated 19.04.2024 of the Income Tax Appellate Tribunal that dismissed an appeal preferred by the appellant against an order of the Assessing Officer under Section 154 of the I.T. Act whereby he had dismissed a rectification application filed by th
Interest on delayed compensation for compulsory acquisition is classified as 'Capital Gains' and eligible for exclusion under Section 10(37) of the Income Tax Act.
Statutory interest paid under S. 34 of the Land Acquisition Act is interest paid for the delayed payment of the compensation amount and, therefore, is a revenue receipt liable to tax under the Income....
Interest under Section 28 of the Land Acquisition Act is part of enhanced compensation and not taxable under the Income Tax Act as income from other sources, following jurisdictional High Court prece....
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