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Issues involved: Whether income tax is liable to be deducted from the sale consideration at the time of transfer of an immovable property by a resident transferor.
Comprehensive details of the judgment: Issue 1: The petitioner filed a Writ Petition seeking direction to disburse the entire sale consideration without any deduction of income tax, as the property is being transferred to the Government for the Kochi Metro Rail Project. The petitioner relied on a previous case to argue that tax deduction is warranted only in cases of compulsory acquisition. Issue 2: The respondents acknowledged that income tax is not to be deducted under Section 194IA of the Income Tax Act when the price is fixed by negotiation and not through land acquisition. However, they argued that tax deduction is applicable under Section 194IA of the Act effective from 1.6.2013, as the property is not agricultural land and the sale consideration exceeds Rs. 50 lakhs. The court heard arguments from both parties and examined Section 194IA of the Act, which mandates tax deduction at the rate of 1% of the sum as consideration for transfer of immovable property exceeding Rs. 50 lakhs. The property in question was within the Aluva Municipality and not classified as agricultural land, meeting the criteria for tax deduction. The court clarified that land situated within a Municipality is not considered agricultural land as per the Act. The total sale consideration for the property in question exceeded Rs. 50 lakhs, justifying the deduction of income tax at 1% of the sum under Section 194IA of the Act. The judgment directed the District Collector and Special Tahsildar to disburse the sale consideration to the petitioner after deducting income tax at the specified rate. The petitioner was advised to address any tax liability through the proper channels. The court distinguished the present case from previous judgments, emphasizing the applicability of tax deduction under Section 194IA in the absence of compulsory acquisition. The Writ Petition was allowed in part, with no costs imposed.
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