ITA No. 528 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 528 of 2005 Date of Decision: 6.12.2010 Sh. Bhim Singh Lather ....Appellant. Versus Commissioner of Income Tax, Panchkula ...Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. D.K. Goyal, Advocate for the appellant. Mr. Yogesh Putney, Senior Standing Counsel, for the respondent. AJAY KUMAR MITTAL, J. 1. This order shall dispose of ITA Nos. 528 and 529 of 2005 as learned counsel for the appellant submitted that similar questions of law are involved therein. 2. ITA No. 528 of 2005 was admitted by this Court vide order dated September 25, 2006 for determination of the following substantial question of law:- “Whether under the facts and circumstances of the case, the enhanced compensation having been received in pursuance of order of the Hon'ble High Court after furnishing Security Bond and the right to receive being inchoate and disputed, can it be taxed in view of the interpretation of provisions of Section ITA No. 528 of 2005 -2- 45(5)(a) r.w. Section 45(5)(b) w.e.f. 1.4.1988 and whether the Tribunal was justified in taxing the said additional enhanced compensation as income for the year of receipt irrespective of the dispute thereof?” 3. We have heard learned counsel for the parties. 4. The point that arises in this appeal is whether the enhanced compensation is taxable in the hands of the assessee in the year of receipt. 5. The similar issue came up for consideration before the Hon'ble Apex Court in Commissioner of Income-tax v. Ghanshyam (HUF), [2009] 315 ITR 1 (SC) wherein it had been held that the amount of enhanced compensation received by the assessee would be taxable in the year of receipt in view of insertion of Section 45(5)(b) of the Act irrespective of whether any litigation is pending at the behest of the State in any court of law. 6. In view of the above, the question of law is answered against the assessee. The appeals are dismissed. (AJAY KUMAR MITTAL) JUDGE December 6, 2010 (ADARSH KUMAR GOEL) gbs JUDGE ITA No. 528 of 2005 -3- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 529 of 2005 Date of Decision: 6.12.2010 Sh. Bhim Singh Lather ....Appellant. Versus Commissioner of Income Tax, Panchkula ...Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. D.K. Goyal, Advocate for the appellant. Mr. Yogesh Putney, Advocate for the respondent. AJAY KUMAR MITTAL, J. The appeal is dismissed. For reasons, see the order of even date recorded in ITA No. 528 of 2005 [Sh. Bhim Singh Lather v. Commissioner of Income Tax, Panchkula]. (AJAY KUMAR MITTAL) JUDGE December 6, 2010 (ADARSH KUMAR GOEL) gbs JUDGE