Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1997)62ITD55(Pune.)
..... the interest payable under section 28 on the additional compensation or section 34 on delayed payment of the awarded amount after taking possession of the land. section 28 of the land acquisition act, 1894 relates to interest to be granted by the court on additional compensation granted by such court over and above the amount of compensation awarded by the ..... ." as already mentioned above, the said decision of the supreme court pertains to the period when the provisions of sub-section (1a) of section 23 of the land acquisition act, 1894 were not on the statute book. perhaps, the provisions of section (1a) have been enacted so as to carry out the wish expressed by the supreme court ..... section (1a) of section 23 was not on statute book. in the said decision the hon'ble apex court has examined the scope of section 23 of the land acquisition act, 1894. on page 154 of the decision, the hon'ble supreme court had observed that : "to appreciate the scope of the section, it is necessary to notice .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (1984)10ITD189(Bang.)
..... has been incurred in connection with compensation of the asset transferred. it is well settled that it is only upon a final determination by the competent court under the land acquisition act, 1894, acquisition proceedings come to an end. this is well settled by the decision of the supreme court in raja harish chandra raj singh v. dy. lao air 1961 sc ..... court by way of reference under section 20 of the land acquisition act, the fixation of quantum of consideration for the transfer is finally effected only by the decision rendered by the civil court and such fixation forms an integral part ..... in cit v. dr. p.rajendran [1981] 127 itr 810. it was held by the division bench of the kerala high court that the compulsory acquisition of the property under the land acquisition act has to be treated as a transfer for the purposes of computation of capital gain. in a case where the matter is taken to the civil .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1986)18ITD213(Kol.)
..... however, the interest paid for the period from the date of acquisition till the date of award is a capital receipt. the decision in this case rested upon the distinction between ..... of damages for wrongful use and occupation of the assessee's land and so it was a capital receipt. (3) cit v. periyar and pareekami pubbers ltd. [1973] 87 itr 666 (ker) : in this case, it was held that the interest paid on compensation payable under the land acquisition act, 1894, up to the date of award is a revenue receipt. ..... cannot be assessed to tax on the basis of cash system of accounting. in the latter case, it was held that interest awarded by the court under the land acquisition act accrued day by day throughout the years from the date of taking over possession till the payment of compensation. finally, he urged that the income had to be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1983)5ITD513(All.)
..... whether the damages awarded by the civil judge for injuries affected to the property not acquired under the land acquisition act, 1894 and the solatium granted by the hon'ble high court of judicature at allahabad under section 23(2) of the land acquisition act, could form part of the net wealth of the assessee. (a) the assessees, smt. kamla ..... shows that the authority awarding compensation shall have to take into consideration the loss suffered by a person in respect of the property not acquired under the land acquisition act. if the authority concerned failed to consider this aspect of the matter and if the higher authority in the judicial hierarchy considers this aspect of the ..... that the crucial date for deciding the appeals is the date on which the possession of 98,408 sq.ft. of the property was acquired under the land acquisition act and it is from this date that the assessee became entitled to compensation, damages, solatium, etc. by a reference to the civil judge and thereafter on .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1987)21ITD410(Mum.)
..... terms were drawn up on 20-7-1978. it was agreed that the agreement to sell dated 9-11-1963 subsisted.5. fresh acquisition proceedings commenced in 1977. the special land acquisition officer gave award under section 11 of the land acquisition act on 19-2-1979. under the said award the assessee as partner of the dissolved firm got compensation at rs. 4,67,000 ..... to be acquired from the vendor under the provisions of the land acquisition act.3. the firm raised objections against proposed acquisition. it filed writ petition (no. 313 of 1966) in the high court challenging the proposed acquisition. the high court directed the divisional commissioner to hold fresh inquiry under section 5a of the land acquisition act. this was in 1970.4. the firm then filed suit no .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (1998)67ITD334(Coch.)
..... the meaning of the word `vest' appearing in sections 16 and 17 of the land acquisition act. in that connection, the supreme court observed as under : "on the other hand, sections 16 and 17 of the land acquisition act (act 1 of 1894) provide that the property so acquired, upon the happening of certain events, shall ..... land acquisition act in respect of this acquisition and to dispense with the enquiry under section 5 of the kerala land acquisition act.accordingly the notification under the kerala land acquisition act had been published in the local newspapers on 3-10-1984 and 7-10-1984.consequent to the amendment of the central l.a. act, a revised composite notification cinder section 4(1) of the l.a. act, 1894 ..... assessment year 1986-87. the cit (appeals) did not agree, on the view that the land was taken over by the government on 14-5-1985 invoking the urgency provisions in the land acquisition act. as regards the deduction under section 54f, before the cit (appeals) the assessee's claim was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1984)8ITD379(Hyd.)
..... the decision of the andhra pradesh high court in cwt v. amatul kareem [1981] 127 itr 549.there land belonging to the assessee was acquired by the government on 25-8-1960 under the land acquisition act, 1894, and by order dated 19-4-1961 the government awarded compensation of rs. 2,74,454 by which ..... the supreme court. their lordships of the andhra pradesh high court have pointed out the difference between obtaining compensation payable under the bihar zamindari abolition act and under the land acquisition act. the relevant observations in this regard are of amatul kareem's case (supra) and read as under: the last contention raised by mr. ..... already set out, the high court of andhra pradesh has compared the payment under the bihar zamindari abolition act as well as under the land acquisition act and highlighted the various imponderables in respect of obtaining compensation under the land acquisition act in the case of amatul kareem (supra) of which we have set out the relevant extract earlier .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)2ITD292(Delhi)
..... ). in addl. cit v. virendra singh [1979] 118 itr 923 (all.), it has been held that the right to interest under section 34 of the land acquisition act, 1894, accrued on the date on which the collector took possession of the property. it was a right in praesenti which recurred from day to day throughout the years ..... the planned development of delhi. the notification under section 4 of the land acquisition act, 1894, bears no. f. 15(iw)59-lsg dated 13-11-1959. the notification under section 6 of the land acquisition act, 1894, bears no. f.4(14)/61-lsg dated 9-4-1964. the land acquisition collector by his award no. 1748, announced on 30-11-1964, ..... subsequently by the civil courts and also the interest awarded under section 34 of the land acquisition act, 1894, we see no reason why the interest on enhanced compensation should be treated differently from the interest awarded under section 34 of the land acquisition act. even in the present case the interest has been awarded from 13-11-1962 to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Rajkot
Reported in : (2006)100ITD265(Rajkot.)
..... compensation and interest thereon, paid by government in respect of compulsory acquisition of land by government as per provisions of income-tax act, 1961 vis-a-vis as per procedure of the land acquisition act, 1894. the land acquisition proceedings begin with issue by land acquisition officer (normally collector) a public notification under section 4 of the land acquisition act, 1894 (la act) proposing to acquire some particular land for public purpose. as per this, objections of ..... land holders are invited under section 5a of the said act. thereafter the collector conducts summary enquiry and submits his report/recommendations to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (2001)70TTJ(Pune.)919
..... assessee the assessing officer referred to clause 5 of the bombay merged territories miscellaneous alienation and abolition act, 1955, which makes all alienated lands liable to land revenue. since the lands under dispute were subject to land revenue, the assessing officer held that such land revenue was the cost of acquisition. he accordingly subjected the compensation received by the assessee to capital gains tax.the assessee appealed ..... . he also referred to the various provisions of the bombay merged territories miscellanoues alienation and abolition act, 1955, and submitted that after the said act was brought on the statute book, all alienated lands were made liable to pay land revenue and such land revenue is nothing but cost of acquisition and, accordingly, the authorities below were justified in taxing the compensation to capital gains tax .....
Tag this Judgment!