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2015 (10) TMI 540 - KERALA HIGH COURT

2015 (10) TMI 540 - KERALA HIGH COURT - TMI - Liability to deduct tax at source - payments of compensation to the persons from whom land was acquired in connection with the project - case of the petitioner that, as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and in particular Section 96 therein, there is an exemption envisaged from income tax in respect of amounts by way of compensation received by landowners - .....

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note that, in neither of these provisions is the mandate of deduction of tax at source qualified by the requirement that the amount paid by way of compensation/consideration should constitute an income of the recepient under the Income Tax Act.

Therefore, not impressed with the submission of counsel for the petitioner that the provisions of Section 96 of the 2013 Act would come to his aid in exempting him from the requirement of deducting tax at source from compensation/ consideratio .....

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ails and is accordingly dismissed. - Decided against assessee. - WP (C). No. 21478 of 2015 (H) - Dated:- 9-9-2015 - A. K. Jayasankaran Nambiar, J. For the Petitioner : Sri V M Kurian, Sri Mathew B Kurian, Sri K T Thomas And Sri Isac T Paul, Advs For the Respondent Rep by: Sri N Nagaresh, Assistant Solicitor General, Sri Liju V Stephen, Govt Pleader, Sri Jose Joseph, SC, Sri Christopher Abraham And Sri K M V Pandalai, Advs JUDGMENT The petitioner is a company, incorporated under the Companies Act .....

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einafter referred to as the "2013 Act"), and in particular Section 96 therein, there is an exemption envisaged from income tax in respect of amounts by way of compensation received by landowners. It is his contention therefore, that in the light of the said provision under the 2013 Act, the provisions of the Income Tax Act, that govern deduction of tax at source, from payments made to the persons from whom land was acquired, will have to be read down so as to exempt the petitioner from .....

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on of the Hon'ble High Court of Gauhati in Sing Killing v. Income Tax Officer and Others [(2002) 175 CTR (Gau) 668] which was rendered in the context of Section 206C of the Income Tax Act. In the said decision, it was clarified, in the context of Section 206C of the Act that, if the income itself is exempted, any deduction/collection on account of Income Tax at source, would be beyond the powers conferred by the provisions of the Act. It is on the basis of the aforesaid contentions that the .....

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acquisition of land under the Land Acquisition Act, 1894, even if the provision of Section 194LA are not applicable, the provisions of Section 194IA of the Income Tax Act would apply to govern deduction of tax at source from payments made to the persons from whom lands were acquired. It is the case of the respondents that, in the instant case there was no acquisition in terms of the Land Acquisition Act and therefore, Section 96 of the 2013 Act, on which the petitioner places reliance may not s .....

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n 194IA. In both these provisions, the liability to deduct tax at source is on any person responsible for paying any sum by way of consideration/compensation to another, in connection with acquisition/transfer of immovable property. It is significant to note that, in neither of these provisions is the mandate of deduction of tax at source qualified by the requirement that the amount paid by way of compensation/consideration should constitute an income of the recepient under the Income Tax Act. I .....

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