Anvar Ali Poolakkodan v. ITO

344 CTR 551Reported decision#6346 most cited

What is Anvar Ali Poolakkodan v. ITO authority for?

Interest awarded under Section 28 of the Land Acquisition Act on enhanced compensation is exempt under Section 10(37) if the land acquired was agricultural.

18

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2026 to 2026.

Also referred to as

Anvar Ali Poolakkodan · Section 10(37) · Section 28 Land Acquisition Act · enhanced compensation · agricultural land · exemption · capital gains · interest on compensation

Issues it is cited on

Judgments citing Anvar Ali Poolakkodan v. ITO

Parveen Kumar, 229, Village Manakpur-II, Tehsil Jagadhri, Haryana vs. Prabhjot Kaur, PCIT Panchkula, Chandigarh

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 576/CHANDI/2024[2018-2019]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-2019

Bench: the Tribunal as pointed out by the Registry. Considering that the issue involved is purely legal in nature, and respectfully following the ratio laid down by the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji & Others [(1987) 167 ITR 471 (SC)], which emphasizes that substantial justice should prevail over technical considerations, we condone the delay in filing these appeals.3. We shall take appeal of the assessee in ITA No. 167/Chd/2023 for A.Y 2018-19 as a lead case f

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…ccordingly, where the original compensation or enhanced compensation itself qualifies for exemption u/s 10(37) of the Act, the interest thereon awarded u/s 28 would likewise be exempt.  In a recent decision in the case of Anvar Ali Poolakkodan vs ITO (2025) (344 CTR 551) (Kerala High Court), the Hon’ble Kerala High Court held that interest u/s 28 of the Land Acquisition Act in respect of enhanced compensation received by the assessee would partake character of principal compensation and would be classified as capital gains and consequently, would also get benefit of section 10(37) if the land compulsorily acquir…