9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 865 - AT - Income TaxCapital Gain on compulsory acquisition of urban Agricultural Land - Whether interest awarded u/s.28 of the Act of 1894 is akin to compensation and chargeable to tax u/s.45(5) of the Act or under the head Income from other sources u/s.57(iv) read with Sec.56(2)(viii) and 145A(b)? - Held that - Interest under section 28 of the Act of 1894 is an accretion to compensation and forms part of the compensation and, therefore, exigible to tax under section 45(5). Referring on decision of Hon ble Supreme Court in the case of CIT v. Ghanshyam (HUF) 2009 (7) TMI 12 - SUPREME COURT , wherein it was held that interest under section 28 of the Act of 1894 is part of the amount of compensation whereas interest u/s 34 thereof is only for delay in making payment after the compensation amount is determined. Interest under section 28 is a part of the enhanced value of the land which is not the case in the matter of payment of interest under section 34. Allowing exemption u/s. 10(37) on the interest received by the assessee u/s. 28 of the Land Acquisition Act, 1894. We find no grounds to interfere with the impugned orders of the CIT(Appeals). Appeal of the revenue is dismissed.
Issues Involved:
1. Taxability of interest received on enhanced compensation for compulsory acquisition of agricultural land. 2. Applicability of section 10(37) of the Income-Tax Act, 1961. 3. Interpretation of interest under section 28 of the Land Acquisition Act, 1894. 4. Relevance of sections 57(iv), 56(2)(viii), and 145A(b) of the Income-Tax Act, 1961. Issue-wise Detailed Analysis: 1. Taxability of Interest on Enhanced Compensation: The primary issue was whether the interest of ?1,70,50,934 received by the Assessee on enhanced compensation for compulsory acquisition of agricultural land is taxable. The Assessee argued that this interest should be considered part of the compensation and thus exempt under section 10(37) of the Income-Tax Act, 1961. The AO, however, contended that this interest should be taxed under the head "Income from Other Sources" as per sections 57(iv), 56(2)(viii), and 145A(b) of the Act. 2. Applicability of Section 10(37) of the Income-Tax Act, 1961: Section 10(37) provides exemption for capital gains arising from the transfer of agricultural land by way of compulsory acquisition, provided certain conditions are met. The Assessee claimed that the interest received on enhanced compensation should also be exempt under this section. The AO disagreed, stating that the interest does not qualify as compensation and thus cannot be exempt under section 10(37). 3. Interpretation of Interest under Section 28 of the Land Acquisition Act, 1894: The CIT(Appeals) and the Tribunal relied on the Supreme Court's decision in CIT v. Ghanshyam (HUF), which held that interest awarded under section 28 of the Land Acquisition Act, 1894, is part of the compensation and not merely interest. This interpretation was crucial in determining that the interest received by the Assessee should be treated as compensation and thus eligible for exemption under section 10(37). 4. Relevance of Sections 57(iv), 56(2)(viii), and 145A(b) of the Income-Tax Act, 1961: The AO argued that these sections mandate the taxation of interest on enhanced compensation as "Income from Other Sources." However, the Tribunal, following the Gujarat High Court's decision in Movaliya Bhikhubhai Balabhai v. Income-tax Officer-TDS-1-Surat, concluded that interest under section 28 of the Land Acquisition Act, 1894, is an accretion to compensation and forms part of it, thus not falling under the ambit of sections 57(iv), 56(2)(viii), and 145A(b). Conclusion: The Tribunal upheld the CIT(Appeals)'s decision that the interest received by the Assessee on enhanced compensation is part of the compensation and exempt under section 10(37) of the Income-Tax Act, 1961. The appeal of the revenue was dismissed, affirming that the interest awarded under section 28 of the Land Acquisition Act, 1894, partakes the character of compensation and is not taxable as "Income from Other Sources."
|
