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Income Tax

Character of compulsory acquisition not changes merely because sale price was fixed through a negotiated settlement

Case Law Details

Case Name
ITO Vs Smt. Asha Vimala Melpuratharisu Puthen Veedu (ITAT Cochin)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-2014
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ITO Vs Smt. Asha Vimala Melpuratharisu Puthen Veedu (Ponnamkulam House) (ITAT Cochin) The assessee’s land in question at Vizhinjam Village was notified for compulsory acquisition by Government of Kerala for developing Vizhinjam International Seaport. Though the acquisition proceedings were taken under the Land Acquisition Act, the final price was fixed upon negotiated sale agreement. The only reason for the A.O. to deny the benefit of section 10(37) was that the impugned land was acquired by executing a sale deed in favour of Vizhinjam International Seaport and it was not a case of compulsor...
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