COMMISSIONER OF INCOME-TAX Vs. SHAM LAL NARULA

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Delhi Bench "a", at the instance of the department, has referred the following question of law for our opinion :

(2.) THE assessee, a Hindu undivided family, owned land. Land measuring 40 bighas and 11 biswas was acquired by the State Government. The notification acquiring the land was issued on 21st of June, 1950. This notification was issued under Section 9 of the Patiala Land Acquisition Act of 1995 Bk. and Patiala Land Acquisition Act of 2006 Bk. Both these Acts were replaced and the proceedings for the acquisition were finalised under the Indian Act. Later on, a notification was issued on 11th October, 1953, withdrawing the acquisition proceedings. The validity of this notification was challenged by the assessee and this, notification was quashed by the Pepsu High Court on 14th of February, 1955. On the 15th October, 1951, the assessee was deprived of possession of the land. The Collector made his award on 30th of September, 1955. The assessee was dissatisfied with this award and applied for reference under Section 18 of the Land Acquisition Act to the district judge. The learned district judge-enhanced the compensation and, excepting by way of historical importance, this fact has no material bearing on this case. In the ultimate analysis, it was found that the assessee was due interest on the amount of compensation awarded to him to the tune of Rs. 48,660. This interest was paid to him in the year previous to the assessment year 1956-57. The department proceeded to assess this interest to income-tax. The assessee claimed that the interest could not be taxed to income-tax at all. He failed in his contention right up to the Supreme Court. After the decision of the Supreme Court, the assessee raised the contention that the entire interest could not be assessed in the year 1956-57. It had to be spread over the various years for which it had accrued due. This contention did not find favour with the Income-tax Officer and so also with the Appellate Assistant Commissioner in appeal. However, on appeal to the Tribunal, the Tribunal held that only the interest referable to the relevant assessment year could be brought to tax. The relevant part of the decision of the Tribunal is as follows:

(3.) THEIR Lordships after quoting the above observations of the Punjab High Court have at page 18 observed as follows :