Deputy Commissioner of Income Tax, Chennai vs. Tamilnadu State Marketing Corporation Limited, Tamil Nadu (Chennai)
In the result, the appeal filed by the Revenue is dismissed
ITA 968/CHNY/2023[2015-16]Status: DisposedITAT Chennai30 Jan 2024AY 2015-16
Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal
For Appellant: Shri S. Senthil Kumaran, CITFor Respondent: Shri R. Vijayaraghavan, Advocate
Section 147Section 37Section 40
…endorse the view of the High Court that surcharge on land revenue payable under the Surcharge Act is not land revenue but a levy which is distinct from land revenue. In consonance with the law laid down by this Court in Vishwesha Thirtha Swamiar case [(1972) 3 SCC 246 : (1972) 1 SCR 137 : AIR 1971 SC 2377] it must be held that the surcharge on land revenue levied under the Surcharge Act, being an enhancement of the land revenue, is part of the land revenue and has to be treated as such for the purpose of assessing compensation under Section 12 of the Ceiling Act.” 14.5. Further, CBDT itself has issued circular i…