CIT (TDS) Vs Tushira Industries (Karnataka High Court)
Acquisition under section 96 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 alone are exempt & not under the other Acts
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’ 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 (hereinafrer referred to as “2013 Act” ).
Section 96 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Act provides for exemption from income tax on the amount payable as compensation when acquisition of private lands for public purpose has been accomplished under the provisions of this Act. Whether the similar acquisitions under any other statutes such as the Karnataka Highways Act,1964 was the question answered by the division bench of the High Court.
