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KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Commissioner of Income Tax (TDS), Bengaluru – Appellant
Versus
Tushira Industries, Rep. by Its Partner, Shri Purushottam, S/o. Akhai Patel – Respondent
JUDGMENT :
Krishna S. Dixit, J.
The Commissioner of Income Tax (TDS) has preferred these intra court appeals, for laying a challenge to a common judgment dated 12.04.2023 entered by a learned Single Judge of this Court whereby, land-losers’ W.P.No.103377/2017 c/w other identical cases, having been favoured, they have been relieved off from the levy of income tax on the compensation paid for the acquisition of their lands. This relief, he has granted principally in terms of section 96 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Learned Senior Panel Counsel appearing for the Revenue urged the following points for voiding the impugned judgment:
2.1. Section 96 of 2013 Act providing for exemption from income tax on the amount payable as compensation, is invocable only when acquisition of private lands for public purpose has been accomplished under the provisions of this very Act and not under any other statutes such as the Karnataka Highways Act, 1964, to be specific.
2.2. Section 96 of 2013 Act enacts a part of law relating to Income Tax; the Parliament in its wisdom has exempted from tax the compensation payable for the
Section 96 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, exempts income tax only for compensation under this Act, not for acquisitions under other statutes.
The court ruled that compensation received under the National Highways Act is exempt from income tax under Section 96 of the RFCTLARR Act, emphasizing the equal treatment principle enshrined in Artic....
Exemption under Section 96 of the RFCTLARR Act applies to compensation received for land acquired under the National Highways Act, 1956, establishing equitable treatment under tax laws.
Point of Law : Compensation payable thereunder would not attract any income tax or stamp duty in terms of Section 96 of the Act of 2013 which is reinforced by the second proviso to Section 194LA of t....
Land Acquisition – Deduction of tax – Applicability of - Lands having been purchased by Government, on basis of negotiated settlements, there is no compulsory acquisition and hence Section 194LA of A....
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