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TMI Blog2016 (12) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... ny tax at source, as has been done by the respondent no. 1. Identical question came to be considered in Movaliya Bhikhubhai Balabhai Versus Income Tax Officer - TDS - 1 - Surat & 1 [ 2016 (5) TMI 488 - GUJARAT HIGH COURT] held that the acquiring body was not justified in deducting the tax at source on the amount of compensation and the interest received under the provisions of the Land Acquisition Act. The impugned action of the respondent no. 1 in deducting and depositing a sum of ₹ 45,20,257/- towards TDS on the amount of compensation and interest received thereon pursuant to judgment and award of the Land Acquisition Reference is hereby quashed and set-aside. - Decided in favour of assessee - SPECIAL CIVIL APPLICATION No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rge and Education Cess under the Income-tax Act, 1961 in respect of an amount of additional compensation of ₹ 92,56,980/- as well as deducted a further sum of ₹ 34,71,442/- towards deduction of tax at source, surcharge and education cess under the IT Act in respect of the total amount of interest ie., ₹ 3,06,39,391/- and the respondent no. 1 deposited the aforesaid amount ie., ₹ 10,48,885/- + ₹ 34,71,442/- in all ₹ 45,20,257/- to the office of the respondent no. 2. 4. Feeling aggrieved and dissatisfied with the action of the respondent no. 1 in deducting an amount of ₹ 45,20,257/- with the respondent no. 2-Income Tax Officer, TDS-2, Rajkot, being TDS, Surcharge and Education Cess, the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertificate of NIL TDS. He has also not disputed that the issue involved in the present writ petition is directly covered by the decision rendered by Division Bench of this Court in Special Civil Application No. 17944 of 2015. 8. Having heard learned advocates appearing for the respective parties and considering the fact that the land of the petitioner was acquired for public purpose and he received compensation of ₹ 92,56,980/-, being additional amount of additional compensation and ₹ 3,06,39,391/- towards interest under the provisions of Land Acquisition Act, the assessee was not liable to pay any tax on the aforesaid amount received by him. Once on the aforesaid amounts, the petitioner was not liable to pay tax and/or the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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