Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2003 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2003 (11) TMI 17 - KERALA HIGH COURTLand acquisition – by mistake Land Acquisition Authority disbursed entire compensation to petitioner - In view of section 194L 10 per cent, of the amount of compensation awarded should have been withheld towards income-tax and the balance amount alone should have been disbursed to the party - Section 194L was in the Income-tax Act for a period from June 1, 1999, till June 1, 2000. In view of the proviso added to section 194L, no deduction need be made from the amount with effect from June 1, 2000 - When the notice was issued for return of the amount in view of the proviso which has come into effect from June 1, 2000, the amount need not be recovered also. In view of the above provision, I do not think that it would be competent for the Land Acquisition Officer to demand return of the amount already disbursed. But it would be the option of the Income-tax Department to recover the amount towards income-tax or not.
|