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2016 (3) TMI 754 - PUNJAB & HARYANA HIGH COURT

2016 (3) TMI 754 - PUNJAB & HARYANA HIGH COURT - TMI - TDS on the enhanced amount compensation - whether the character and nature of the land was not agricultural? - Held that:- The finding arrived at by the trial court is not justifiable and against the revenue record. As per jamabandi Annexure P-1 the nature of the land is Chahi Nehri (agricultural). There is no reflection that the property was gair mumkin. The executing court has misread the jamabandi and more so, in view of the ratio deciden .....

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d:- 17-2-2016 - Amit Rawal, J. For the Appellant : Mr Madan Pal, Adv ORDER Amit Rawal, J (Oral) The petitioner-decree holder is aggrieved of the order whereby execution application has been dismissed on the ground that the character and nature of the land was not agricultural and therefore, the act of the department in deducting TDS on the enhanced amount containing element of interest also was not justifiable. Learned counsel for the petitioner submits that as per the ratio decidendi culled out .....

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ourt below. He further submits that jamabandi and khasra girdawari have not been noticed by the court below in holding that the land was not agricultural and therefore Section 194-A of the Income Tax Act, 1961 would not come into play, therefore, the payment of enhanced compensation was not liable to be deducted at source. I have heard learned counsel for the petitioner and appraised the paper book. In view of the aforementioned facts, the finding arrived at by the trial court is not justifiable .....

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a that the orders passed by this Court in the absence of any representation of Union, failed to take note of an amendment in the Income Tax Act. The said provision made interest component assessed on additional amount on land acquisition awards under Section 28 of the Land Acquisition Act as taxable. The amendment through Section 145-A (b) took effect from April 2010. I have relied on a judgment of the Supreme Court in Commissioner of Income-tax, Faridabad Versus Ghanshyam (HUF) Civil Appeal No. .....

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