15 July 2014

Income Tax Update Union Budget 2014-15 (5)- Compensation

Income Tax Update Union Budget 2014-15 (5)
Enhanced compensation to be taxable only upon final order :- Presently compensation awarded in the first instance is chargeable under the head Capital Gains of the previous year in which compensation/consideration or part  thereof, was first received, and enhanced or further enhanced compensation is chargeable in the previous year in which such enhanced amount is received by the assessee, and if such compensation or enhanced compensation is reduced by any court, tribunal or other authority, then previously assessed capital gain shall be recomputed by taking such compensation as reduced by the court,tribunal or other authority.
Now in the budget it is proposed to insert a proviso to Sec. 45(b) so that “any amount of compensation received in pursuance of an interim order of a court, Tribunal or other authority shall be deemed to be income chargeable under the head “Capital Gains” of the previous year in which the final order of such court, Tribunal or other authority is made.
CA. Vinay Mittal, Ghaziabad

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