What will be treatment of additional amount received in case of court order


This query is : Resolved 

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A purchaser paid an advance for land, but due to title issues, sought its return. A court ordered the seller to pay Rs. 16 lacs, which later increased to Rs. 21 lacs upon appeal and compromise. The core question is how this additional Rs. 11 lacs received by the purchaser is treated for income tax purposes, specifically if it's considered taxable income under 'Income From Other Sources' or a non-taxable capital receipt.

07 January 2023 Assessee, a purchaser of land, paid advance to seller Rs.10 lacs. As the land title was not clear, purchaser demanded his advance money. Seller refused to give advance. Purchaser filed suit in court and court ordered to seller to pay 16 lacs to purchaser within stipulated time. Seller filed appeal in higher court & in ultimate compromise seller paid Rs.21 lacs in all. What will be treatment for income tax purpose of additional money received Rs.11 lacs.

07 January 2023 It is taxable u/h. Income From Other Sources.'

Manish (Expert)
07 January 2023 Being a capital receipt. It is not taxable.


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