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2021 (6) TMI 459 - ITAT AGRALTCG on compulsory acquisition - compensation received in lieu of land compulsorily acquired by the government - compensation received to appellant against the acquisition taken exempt in the return of income filed being received to appellant as per RFCTLARR Act - HELD THAT:- It is abundantly clear that no distinction has been made between compensation received for compulsory acquisition of agricultural land and non-agricultural land in the matter of providing exemption from income-tax under RFCTLARR Act. The exemption provided under section 96 of the RFCTLARR Act is wider in scope than the tax exemption provided under the existing provisions of Income-tax Act, 1961. This clearly meets the argument of the assessing officer the CIT(A) that exemption under the RFCTLARR Act , are even applicable to non-agricultural. The reading of the provisions of section 105(3) read with fourth schedule made it abundantly clear that the provisions of RFCTLARR Act2013, shall be applicable to the enactments mentioned in fourth schedule, if, the central government, within one year of passing of the Act, issues the notification in that regard mentioning therein that RFCTLARR Act 2013shall apply with such exceptions or modifications to enactment namely The National Highways Act, 1956 (48 of 1956). In the absence of notification the benefit under section 96 of RFCTLARR Act 2013, cannot be extended to the assessee. In our view the exemption is required to be specifically granted by the statute and it cannot be inferred or drawn. It is the duty of the assessee to make out his case unequivocally, if wanted to get the benefit of exemption that the exemption provided under section 96 of the RFCTLARR Act 2013 is applicable to the assessee.Therefore, the assessee is not liable to pay income tax for long-term capital gain. Needful has not been done by the assessee either before the lower authority or before us. As mentioned by the assessing officer in the assessment order, the acquisition award under the National Highway authority act 1956 was passed on 24.2.2014, though cheques were received on 27/1/2015. In our considered opinion, the chargeability of the income is required to be determined in accordance with section 4 and 5 of the Income Tax Act 1961 - Decided against assessee.
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