The assessee is non-resident . The issue before the Income Tax Appellate Tribunal was whether the addition on account of corpus fund for alternate accommodation received by the assessee from the Developer / Builder is capital receipts. The Tribunal held that corpus monetary consideration, Rent for alternative accommodation, and hardship allowance is a capital receipts not taxable. Tribunal relied on Lawrence Rebello v. ITO ( ITA No. 132 /Ind / 2020 order dt 29 -9-2021 , Deliah Raj Mansukhani (Smt ) v. ITO ( ITA N0/ 3526/ Mum/ 2017 dt 29-1-2021 ) (ITA No. 106/ Mum/ 2023 dt 10 -5 -2023 )( AY. 2015 -16 )
Narayan Devarajn Iyengar v. ITO (2023) 201 ITD 503/ 223 TTJ 905( Mum)( Trib) www.itatonline .org
S. 4 : Charge of income-tax – Alternative accommodation –Redevelopment agreement – Corpus monetary consideration -Rent for alternative accommodation – Hardship allowance – Capital receipt not taxable . [ S. 56 ]