ANGOORI DEVI Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) THIS petition has been filed, challenging the order of Chief Commissioner (Admn.), U.P./Commissioner of Income -tax, Lucknow dated 29 -3 -1985.

(2.) A notice under section 263 of the Income Tax Act was issued for enhancing the tax on the ground that the petitioner had been awarded and had received compensation towards the acquisition of his plot under the Land Acquisition Act by way of enhancement by the order dated 28 -12 -1979 in the assessment year 1980 -81.

(3.) VARIOUS authorities were cited before the Commissioner of different High Courts including of Madras High Court wherein such spread over was permitted. The Madras High Court in the case of CIT v. Q.K.S. Murugappan 1987 ITR 22 held as follows: 'that the entire interest income so received should be divided proportionately in the different years from the date of acquisition till the date of judgment.'