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Judgment
Learned counsel for the petitioner submitted that the controversy in the present petitions is squarely covered by the decision rendered by the Gujarat
High Court in the case of Hansaguri Prafulchandra Ladhani & Ors. vs. Oriental Insurance Company Limited [ACTC 2008(2) Page 820], New India
Assurance Company Limited vs. Bhoyabhai Haribhai Bharvad & Ors. decided on 08.08.2016 reported in MACD 2017(4) (Guj.) 1997 and the
judgment passed by the Bombay High Court in the case of Gauri Deepak Patel and Ors. vs. New India Assurance Co. Ltd. reported in (2011 ACJ
1782).
Learned counsel also places reliance on a judgment passed by the Madhya Pradesh High Court in M.P. No. 6637/2019 Oriental Insurance Co. Ltd.
vs. Smt. Kala Bai & Others decided on 20.03.2020.
Learned counsel further submitted that the Apex Court in the case of Rama Bai & Ors. vs. Commissioner of Income Tax, A.P. Hyderabad & Ors.
1990 (Supp.) SCC 699 has taken a view that the interest which is granted as a compensation cannot be said to be accrued on the date of order of the
Court granting enhanced compensation but has to be taken as having accrued year after year from the date of passing of the order.
Learned counsel Mr.Nikhil Simlote submits that Section 145A (b) has been amended after judgment passed by the Apex Court in the case of Rama
Bai (supra), this has been observed by the Bombay High Court in the case of Rupesh Rashmikant Shah vs. Union of India & Ors. [(2019)417 ITR
169 (Bom.)] and as such, this provision is required to be considered.
Learned counsel for the petitioner Mr.Sandeep Mathur wants some time to see the relevant provisions of Income Tax Act to make submission.
Learned counsel for the respondent- Oriental Insurance Company is not available today through Video Conferencing.
List on 08.02.2021 after showing name of Mr.Prabhansh Sharma in the cause-list as counsel for the respondent (SBCWP No.10513/2019).
Learned counsel for the petitioner is also free to move an application for impleadment the Income Tax Department as party respondent in the writ
petition.