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2019 (7) TMI 370 - HC - Income TaxTaxability of compensation awarded for the acquisition of land, buildings etc - AO included compensation in the taxable income of petitioner - scope of Section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - HELD THAT:- As referring on C. NANDA KUMAR, VERSUS UNION OF INDIA [2017 (4) TMI 662 - ANDHRA PRADESH HIGH COURT] language of Section 96 is clear, plain and simple. The exemption is complete if the compensation is paid under an Award after the owner is denied ownership/possession of land, building etc pursuant to compulsory acquisition under Act 30 of 2013. The exemption granted by the Parliament, this Court is of the view, is denied through an impermissible interpretation adopted by the first respondent. The point is covered in favour of petitioner both by the precedent and circular No.30/2016. - The writ petition is accordingly allowed.
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