T M KOUSALI Vs. INCOME TAX OFFICER SIXTH

JUDGEMENT

(1.) AMONG others, the petitioner, who is an assessee on the file of the Sixth ITO, Hubli Circle, Hubli, respondent (hereinafter referred to as "the ITO"), under the I.T. Act, 1961 (hereinafter referred to as "the Act"), owned certain lands in the City of Hubli, which were acquired by the Govt. on October 4, 1957, for a public purpose. On March 29, 1965, the petitioner received certain amounts as compensation from the Land Acquisition Officer, with which the civil court on a reference did not interfere.

(2.) BUT, on an appeal filed by the petitioner in M.F.A. No. 279 of 1972, this court by its judgment and decree dated March 12, 1974 (exhibit F), considerably enhanced the compensation, in terms of which he received the difference of enhanced compensation and interest on January 27, 1975.

(3.) IN his return, the respondent has asserted that the order made by this court in M.F.A. No. 279 of 1972 (exhibit F) and the amounts received thereto have necessarily to be brought to tax for the relevant assessment years and for such cases, the bar of limitation stipulated in s. 153(1) and (2) of the Act has no application.