LAWS(KER)-2025-4-42

ANVAR ALI POOLAKKODAN Vs. INCOME TAX OFFICER

Decided On April 11, 2025
Anvar Ali Poolakkodan Appellant
V/S
INCOME TAX OFFICER Respondents

JUDGEMENT

(1.) 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 dtd. 30/3/2023 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 Sec. 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 Sec. 56 (2)(viii) of the I.T. Act.

(3.) I.T.A.No.60 of 2024 is preferred against the order dtd. 19/4/2024 of the Income Tax Appellate Tribunal that dismissed an appeal preferred by the appellant against an order of the Assessing Officer under Sec. 154 of the I.T. Act whereby he had dismissed a rectification application filed by the assessee and held that the interest received by the assessee on the enhanced compensation for the agricultural land acquired from him would be taxable under the head 'Income from other sources' under Sec. 56 (2)(viii) of the I.T. Act.