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In the result, we find that the Assessing Officer had committed an error in levying tax on the interest component of the compensation awarded to the petitioner till the date of the judgment of the High Court. On any interest paid to him post the judgment, tax had to be collected as income from other sources. We, therefore, set aside the impugned order of assessment and place the assessmen

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Section 56(2)(viii), 145A(b) & 194A of the Income Tax Act,1961 read with section 171 of the Motor Vehicles Act, 1988 — Income — Interest awarded in Motor accident claim cases from the date of the claim petition till the passing of the award or in the case of appeal till the judgement of the High Court in such appeal would not be eligible to tax,not being income and this position would not change on account of clause (b) of section 145A as it stood at the relevant time amended by the Finance (No.2) Act, 2009 which provision now finds place in sub section (1) of section 145B — Rupesh Rashmikant Shah vs. Union of India [2019] 417 ITR 169 (Bombay).

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