Section 263 of Income Tax Act, 1961—The issue which arises in the present appeal is against the amount received u/s 28 of the LAC Act i.e. enhanced compensation. The claim of the assessee is that such enhanced compensation was part of the compensation and was not taxable in his hands. However, the case of the Revenue is that the same is to be taxed as interest in the hands of the assessee.

Held that— The issue arising in the present appeal is similar to the issue before the Tribunal in bunch of appeals and following the same parity of reasoning, we allow the claim of the assessee. Thus, grounds of appeal raised by the assessee are allowed.[MAHESH KUMAR GUPTA VERSUS THE DCIT, CIRCLE-2, AYAKAR BHAWAN, NOIDA] [2019] 18 ITCD Online (11) [ITAT DELHI]