Taxation on gains arising out of compulsory acquisitions - ...
Income Tax
April 30, 2024
Taxation on gains arising out of compulsory acquisitions - Admission of Additional Grounds - the Appellate Tribunal analyzed the legislative timeline and relevant provisions, particularly focusing on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) and its applicability to state land acquisition acts. They concluded that the compensation received by the assessee fell under a state act and not under RFCTLARR Act. Therefore, the benefit of exemption from taxation could not be extended to the assessee. - The Appellate Tribunal admitted the additional grounds raised by the appellant, considering them as legal grounds not requiring appreciation of new facts. They acknowledged that these grounds were fundamental to the assessment and proceeded to address them first.
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