High Court Of Delhi
CIT vs. Greater Delhi Planners (P) Ltd.
Section 260A
Asst. Year 1990-91
D.K. Jain & Ms. Sharda Aggarwal, JJ.
IT Appeal No. 129 of 2002
19th July, 2002
Counsel Appeared
R.D. Jolly with Ms. Rashmi Chopra, for the Appellant : None, for the Respondent
JUDGMENT
D.K. JAIN, J. :
CM 52/02 Allowed subject to just exceptions. ITA 129/02 Order dt. 11th July, 2001, passed by the Income-tax Appellate Tribunal, Delhi (for short ‘the Tribunal’), in ITA Nos. 333 & 445/Del/1993, pertaining to the asst. yr. 1990-91 is the subject-matter of challenge in this appeal under s. 260A of the IT Act, 1961 (for short ‘the Act’).
The short controversy before the Tribunal was whether the enhanced compensation received by the assessee on the acquisition of the land could be subjected to tax in the asst. yr. 1990-91. While holding that the addition on account of enhanced compensation in the asst. yr. 1990-91 could not be sustained, the Tribunal has found as a fact that the order of enhancement of compensation was made on 10th Oct., 1986, and the enhanced compensation was received by the assessee on 28th Dec., 1988, and, therefore, the said amount could not be taxed in the said assessment year, be it on accrual basis or on receipt basis, as both the aforenoted dates did not fall within the relevant previous year. This finding of the Tribunal is not in challenge before us.
In this view of the matter, no fault can be found with the order of the Tribunal. No question of law, much less a substantial question of law, arises out of the order of the Tribunal. The appeal is misconceived and is accordingly dismissed.
[Citation : 257 ITR 799]
