2017 (4) TMI 668 - SCH - Income Tax

Entitlement for exemption under Section 10 (37) - payment of compensation on agreed terms in respect of the land acquired - Held that - This Court in the case of Balakrishnan v. Union of India & Ors. 2017 (3) TMI 745 - SUPREME COURT OF INDIA has held that even if the amount of compensation is paid on agreed terms it would not change the character of the acquisition from that of compulsory acquisition to the voluntary sale and the exemption provided under the Income Tax Act would be available and such negotiations would be confined to the quantum of compensation only. No ground to interfere with the impugned order passed by the High Court. 2008 (10) TMI 638 - KERALA HIGH COURT - Decided against the revenue.

Summary

The Supreme Court held that payment of compensation on agreed terms for acquired land does not change acquisition character. Exemption under Section 10(37) of the Income Tax Act applies. Decision upheld, appeals dismissed.