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2025 Supreme(Online)(KER) 10728

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, Easwaran S., JJ
SHRI. ANVAR ALI POOLAKKODAN – Appellant
Versus
THE INCOME TAX OFFICER WARD-1, & TPS, TIRUR – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Anil D. Nair (SR.), Sri.Aaditya Nair, Smt.Telma Raju, Smt.Binisha Baby, Smt.Saritha K.S.
For the Respondents: Sri.P.G.Jayashankaran, Sri.Keerthivas Giri

J U D G M E N T

D r . 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

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