Commissioner Of Income-Tax vs Greater Delhi Planners P. Ltd.
2002 Latest Caselaw 1112 Del

JUDGMENT

D.K. Jain, J.

(C. M. No. 52 of 2002) : Allowed subject to just exceptions.

I. T. A. No. 129 of 2002 :

1. Order dated July 11, 2001, passed by the Income-tax Appellate Tribunal, Delhi (for short "the Tribunal"), in I. T. As. Nos. 333 and 445 Delhi of 1993, pertaining to the assessment year 1990-91 is the subject-matter of challenge in this appeal under Section 260A of the Income-tax Act, 1961 (for short "the Act").

2. The short controversy before the Tribunal was whether the enhanced compensation received by the assessed on the acquisition of the land could be subjected to tax in the assessment year 1990-91.

3. While holding that the addition on account of enhanced compensation in the assessment year 1990-91 could not be sustained, the Tribunal has found as a fact that the order of enhancement of compensation was made on October 10, 1986, and the enhanced compensation was received by the assessed on December 28, 1988, and, therefore, the said amount could not be taxed in the said assessment year, be it on accrual basis or on receipt basis, as both the aforenoted dates did not fall within the relevant previous year. This finding of the Tribunal is not in challenge before us.

4. In this view of the matter, no fault can be found with the order of the Tribunal. No question of law, much less a substantial question of law, arises out of the order of the Tribunal. The appeal is misconceived and is accordingly dismissed.