Compulsory Acquisition Of Urban Land Eligible For Tax Benefit - TaxOnline24

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Friday, 15 March 2019

Compulsory Acquisition Of Urban Land Eligible For Tax Benefit

Compulsory Acquisition of Urban Land Eligible for Tax Benefit; Sri Harimurali Sreedharapanickar Vs. ITAT Cochin case no. – 207/coch/2017 date -5.02.2019

Fact of the Case:-

  1. In the instant case the assessee is the beneficiary of Capital Gain Tax from sale of agricultural land under compulsory acquisition of urban land.
  2. The Assessing Officer reopened the assessment against the assessee for the reason that the assessee had not disclosed capital gains tax for land sold to Vizhinjam International Seaport Limited.
  3. The assessee claimed that the land was compulsorily acquired and the same being an agricultural land, coming within the notified area, was entitled to the benefit u/s 10(37) of the I.T Act.
  4. The contention of the assessee was rejected by the Assessing Officer, solely for the reason that the land in question was not compulsorily acquired but was transferred by executing a sale deed. Therefore, it was concluded by the Assessing Officer that the assessee was not entitled to the benefit of section 10(37) of the I.T Act.
  5. The assessee appeared before Tribunal contesting the decision of A.O

Decision of the Case

  1. The Tribunal noted that the solitary reason for not granting of the benefit of section 10(37) of the Income Tax Act in respect of the acquisition of urban agricultural land was that it was not a
  2. compulsory acquisition, but only executed through a negotiated sale deed.
  3. In the instant case, the entire procedure prescribed under the Land Acquisition Act was followed.
  4. The only price was fixed upon a negotiated settlement.
  5. The Income Tax Appellate Tribunal (ITAT), Cochin bench has held that the compulsory acquisition of urban land is eligible for tax deduction under the Income Tax Act, 1961.

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