Case Law Details
Madaparambil Varkey Varghese Vs ACIT (Kerala High Court)
Section 96 mandates that no income-tax shall be levied on any award made under the Act except under Section 46. Section 46 deals with the purchase of land by a person other than a specified person through private negotiations. The benefit of Section 96 is not available when a land is purchased through private negotiations by a person other than a specified person under Section 46(1).
Therefore, in cases other than those covered by Section 46 of the 2013 Land Acquisition Act, the levy of income-tax is barred by Section 96 and as a consequence, the deduction or collection under Section 194LA of the Income Tax Act, 1961, is impermissible.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
Heard Mr. Abraham Markos, the learned senior counsel for the petitioner and Mr.Christopher Abraham, the learned Standing Counsel the Income Tax Department for respondents.
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