Gurcharan Singh v. Principal Commissionerof Income Tax-2, Ludhiana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH CWP131562016Decided on: 08.07.2016Petitioner Gurcharan Singh | VERSUS Principal Commissionerof Income Tax-2, Ludhiana and others ..... Respondents CORAM2/34BLE MR. JUSTICE S.J. VAZIFDAR,ACTING CHIEF JUSTICE 2/34BLE MR. JUSTICE DEEPAK SIBAL PresentMr.Aman Bansal, Advocate, for the petitioner,;;;;;;; S.J. VAZIFDAR, A.C.J. (Oral) The petitioner has challenged an assessment order in respectof the assessment year 2014-15 to the extent that it adds an amount ofRs.5,94,202/- on account of interest on compensation in respect of landacquired from him under Section 56(vii1) of the Income Tax Act, 1961 asincome from other sources to his total income. The petitioner claims thatthis amount was towards compensation and not towards interest. In thisregard, he relies upon a purported clarification dated 09.02.2016(Annexure P-6) from the office of the Competent Authority-cum-DistrictRevenue Officer, Ludhiana. The letter states that the component ofenhanced compensation was wrongly mentioned as interest in the awardunder Section 20F of the Railways Act, 1989. Several issues arise in this regard including a question of law which is pending before the Tribunal in another matter. Moreover,whether the purported clarification issued by the competent authority wasvalidly issued or not and whether it is factually correct or not, would alsorequire consideration. The petitioner must, therefore, avail the alternateremedy of filing an appeal under the Income Tax Act, 1961. The petition is accordingly disposed of. 1S.J. VAZIFDAR |ACTING CHIEF JUSTICE O8.07.2016 sShamshe | DEEPAK SIBAL | JUDGE