Chhattisgarh High Court Rules NHAI Land Acquisition Compensation Is Exempt From Income Tax Payments
In a landmark decision, the
has ruled that compensation received for land acquired by the
(NHAI) under the National Highways Act, 1956, is exempt from income tax. The division bench, comprising Justice Sanjay K. Agrawal and Justice Sanjay Kumar Jaiswal, held that the exemption under
Dispute Over Taxation
The appellant, Sanjay Kumar Baid, had declared income from compensation received for the acquisition of his agricultural land by the NHAI. Although initially paying the tax, the appellant subsequently filed rectification applications, claiming that the compensation should be tax-exempt under
Arguments and Legal Conflict
The Revenue department contended that
explicitly excludes Fourth Schedule enactments from the operation of the Act, save for specific provisions regarding compensation determination. They further relied on a 2019 Office Memorandum from the
, which clarified that tax exemptions under
Conversely, the appellant argued that the exclusion of NHAI land-losers from tax benefits creates an arbitrary and discriminatory classification. Counsel emphasized that the ’s 2015 "Removal of Difficulties" order was specifically designed to ensure uniform compensation standards across all land acquisition enactments, including those in the Fourth Schedule.
Judicial Reasoning and Precedents
The High Court drew heavily upon the Supreme Court of India's decision in , which held that the exclusion of certain benefits for NHAI-acquired land violates . The High Court observed that once compensation is determined under the beneficial parameters of the RFCTLARR Act, it follows as a necessary corollary that the corresponding exemptions provided under the same Act must also apply.
"If the benefit flowing from
Key Observations
- "Once compensation is determined under the provisions of the RFCTLARR Act, as a necessary corollary, the benefits flowing from the provisions of the said Act, including exemptions from income tax... would also have to be made applicable."
- "The basic objective behind the issuance of the 2015 order was to ensure that even in cases of land acquisition specified under the Fourth Schedule... were nevertheless, brought within the purview of the RFCTLARR Act."
- " makes it clear that the provisions of the RFCTLARR Act are in addition to and not in derogation of any other law."
Final Order and Implications
The High Court set aside the impugned orders of the ITAT and the , directing the Assessing Officer to process the appellant’s refund. This judgment provides much-needed relief to landowners whose property has been acquired for public infrastructure, reinforcing that administrative convenience cannot override the constitutional mandate of fair and equal treatment for all citizens whose land is subject to compulsory acquisition.
compensation - exemption - taxability - landowners - parity