INCOME TAX OFFICER WARD-1, HOSHIAPUR vs. SHRI HARPINDER SINGH GILL, HOSHIARPUR

ITA 163/ASR/2023Status: DisposedITAT Amritsar27 July 2023AY 2017-1821 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the compensation received was an award under Section 96 of the RFCTLAAR Act, and therefore, exempt from income tax as per the Act and CBDT circular. The AO exceeded his jurisdiction by investigating violations under a different law.

What were the facts?

The assessee received compensation of Rs. 3,20,51,226/- for compulsory acquisition of land under the RFCTLAAR Act, 2013, and claimed it as exempt. The Assessing Officer (AO) denied the exemption, alleging the assessee acted manipulatively to evade taxes. The CIT(A) granted relief to the assessee.

What were the issues?

Whether compensation received for compulsory land acquisition under the RFCTLAAR Act is taxable, and if the AO has the jurisdiction to question the award based on alleged manipulative intent.

Which sections of the Income-tax Act were involved?

Section 96

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Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE

Hearing: 13.07.2023Pronounced: 27.07.2023

Per Dr. M. L. Meena, AM:

This appeal has been filed by the Revenue against the order of the Ld. CIT(A) National Faceless Appeal Centre (NFAC), Delhi dated

28.03.

2023 in respect of Assessment Year 2017-18. 2 ITO v. Harpinder Singh Gill

2.

The Revenue has raised the following grounds of appeal:

“1. That on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 2,97,13,906/- made by the AO on account of compensation received on compulsory acquisition of land as Short Term Capital Gain claimed by assessee as exempt income under RFCTLAAR Act on the basis that the circumstances in which the appellant had p

The order continues below.

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