Mahender Pal Narang v. CBDT (2020) 423 ITR 13 / 194 DTR 253/ 316 CTR 906/ 275 Taxman 222(P&H)(HC)Editorial : SLP of assessee is dismissed , Mahender Pal Narang v. CBDT Mahender Pal Narang v. CBDT ( 2021 ) 279 Taxman 74 ( SC)

S.56: Income from other sources- Capital gains-Acquisition of Land – Interest on enhance compensation — Assessable as income from other sources- Language of section plain and unambiguous — External aids cannot be adopted to interpret provision . [ 10(38), 45 56(2)(viii), 145A,, 264, Land Acquisition Act , 1894 , 28 Art .226 ]

The assessee’s land was acquired in the previous years relevant to the assessment years 2007-08 and 2008-09. Enhanced compensation was received on March 21, 2016. In his return for the assessment year 2016-17 the assessee treated the interest received under section 28 of the Land Acquisition Act, 1894 , as income from other sources and claimed deduction of 50 per cent. under section 57(iv) . The return was processed under section 143(1) of the Act. The assessee filed an application under section 264 of the Act claiming that he had treated the interest income as income from other sources by mistake whereas it was part of enhanced compensation. The revisional authority rejected the application. On a writ  dismissing the petition the Court held that the interest received on compensation or enhanced compensation by the assessee under section 28 of the 1894 Act for acquisition of land was to be treated as “income from other sources” and not under the head “capital gains”. The language of sections 56(2)(viii) and 57(iv) of the 1961 Act is plain, simple and unambiguous. There is no scope for taking outside aid for giving an interpretation to the newly inserted sub-sections and clauses.( AY.2016-17)