COMMISSIONER OF INCOME TAX Vs. RULDO RAM

JUDGEMENT

(1.) THOUGH these appeals stand admitted, formally no question of law has been framed. However, the following question of law arise for determination in this case: (1) Whether the interest granted to the land owner under Section 28 of the Land Acquisition Act, 1894 on the enhanced amount of compensation is to be calculated for the purpose of computation of tax on year to year basis or in the year in which the amount is actually credited to the landowner.

(2.) THIS question does not survive in view of the pronouncement of the judgment of the Apex Court that the interest payable under Section 28 of the Land Acquisition Act, 1894 is a part of compensation and is not interest at all and therefore, must be taxed as compensation.

(3.) IN view of the aforesaid judgment of the Apex Court, this amount is to be treated as part of compensation itself and is not to be treated as interest. Therefore, the question of law framed above does not survive any more.