Section. Land to be marked out, etc. 3. Compulsory acquisition of rights over land. Previous: Schedule; Next: Schedule; Section 28. 10(37) or chargeable to tax under head ‘Income from Other Sources’? Amarjeet Kaur Vs Union of India & Another ). Powers and functions of the Cabinet Secretary in land management. 35—Bar to setting aside awards. We find that both these issues are covered by the aforesaid decision of the Hon’ble Supreme Court in the case of Ghanshyam (HUF) (supra) holding the same to be in the nature of compensation itself. 1 See section 251C of that Act. Section 15 page 8 Lands Acquisition Amendment Act 2017 A2017-23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 New part 15 insert Part 15 Transitional 200 Meaning of commencement day—pt 15 In this part: commencement day means the day the Lands Acquisition Amendment Act 2017, section 3 commences. 1Ð52 .. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt. 28. LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - As at 23 September 2020 - Act 22 of 1991 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1.Name of Act 2.Commencement 3.Objects of Act 4. Section 28 of the 1894 Act applies only in respect of the excess amount determined by the court after reference under Section 18 of the 1894 Act. THE LAND ACQUISITION ACT, 1894 (1 OF 1894) (As modified up to the Ist September, 1985) Subordinate legislation – being published separately) GOVERNMENT OF INDIA MINISTRY OF Law and Justice THE LAND ACQUISITION ACT, 1894 ARRANGEMENT OF SECTIONS _____ PART I PRELIMINARY SECTIONS: 1. Accordingly, the AO subjected 50% of the interest received on enhanced compensation amounting to Rs.2,51,69,390/- to tax. Compulsory acquisition is the power of government to acquire private rights in land without the willing consent of its owner or occupant in order to benefit society. The assessee had received enhanced compensation during the year along with interest on the compensation. 5. Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. Section 25. Act, the same have to be construed in the manner interpreted by the Hon’ble Supreme Court in Ghanshyam (HUF) (supra). 295 Short title. Appeals in proceedings before Court. 9.1 The said decision as rightly pointed out by the Ld. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. Guiding values and principles. LAND ACQUISITION ACT CHAPTER 58:01 Act 28 of 1994 Amended by 15 of 2000* 73 of 2000 *See Note on page 2 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. Land to be marked out, etc. [17 TH JUNE 1996] 1. Name of Act 2. 9A Operation of section 26B to be set out in certain communications. 7—Application (1) This Act applies to and in relation to every acquisition of land authorised by a special Act. 2—Interpretation. LAND ACQUISITION CHAPTER 295 LAND ACQUISITION AN ACT TO MAKE PROVISION FOR THE ACQUISITION OF LANDS AND SERVITUDES FOR PUBLIC PURPOSES AND TO PROVIDE FOR MATTERS CONNECTED WITH OR INCIDENTAL TO SUCH PROVISION. 7. (2) Land Acquisition Amendment Act, 2001 (date of commencement: 12th June, 2001). Post was not sent - check your email addresses! 939 of 2004 etc. Similarly, Section 28 empowers the court in its discretion to award interest on the excess amount of compensation over and above what is awarded by the Collector. - (1) Subject to the provision of Part VII of this Act, [appropriate Government] is satisfied, after considering the report, if any, made under section 5A, sub-section (2)], that any particular land is needed for a public 5―Conflict with other laws. Forms of tenure. It is true that “interest” is not compensation. Section 45(5) read as a whole [including clause (c)] not only deals with reworking as urged on behalf of the assessee but also with the change in the full value of the consideration (computation) and since the enhanced compensation/ consideration (including interest under Section 28 of the 1894 Act) becomes payable/paid under the 1894 Act at different stages, the receipt of such enhanced compensation/consideration is to be taxed in the year of receipt subject to adjustment, if any, under Section 155(16) of the 1961 Act, later on. 2. Act 28 of 1994 Amended by LAWS OF TRINIDAD AND TOBAGO CHAPTER 58:01 LAND ACQUISITION ACT *15 of 2000 73 of 2000 170/2016 *See Note on page 2 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Section 26 of the Act that deals with compensation for the land owners. During the course of hearing before us, it was pointed out that the solitary issue involved in the present appeal related to the issue of taxability of interest received on enhanced compensation on compulsory acquisition of land u/s 28 of the Land Acquisition Act, 1894. 15-8-1965)]. 3―Application. Power to enter on and examine land. In view of the above ,since the issue involved in the present already stands adjudicated by the ITAT for the impugned year in favour of the assessee, though in appeal in separate proceedings, and the Revenue has not brought to our notice any new facts which were not there before the ITAT while deciding the earlier appeal,we find that for all purposes the issue already stands adjudicated by the ITAT. Conversion … 6.8 The Jurisdictional ITAT, Chandigarh in its decision of 17.07.2018 in Som Nath Vs. ITO, ITA No.552/Chd/2016 discussing Hon’ble Punjab & Haryana High Court decisions in the case of Manjeet Singh (HUF) and the Hari singh case (supra) held that the proposition laid down by Hon’ble Apex Court in Ghanshyam HUF (supra) is the law of the land and interest received on compulsory acquisition of land u/s 28 of Land Acquisition Act is in the nature of compensation and is not taxable u/s 56 of the Act. 28 of the Land Acquisition Act, 1894 on compulsory acquisition of agricultural land in the nature of compensation is exempt u/s. The grounds raised by the Revenue are dismissed. Commission may be divided into panels . For the purpose of this section a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation of the land were acquired under this act. 4. Forms of tenure. assessment year 2010-11 and according to the same 50% of the interest received was taxable. for the impugned year, deciding the issue in favour of the assessee. Our primary work is to acquire real estate by direct condemnation for Congressionally authorized public uses; we also review title to agency purchases of real estate for those same uses. Dhanender Kumar HUF (ITAT Chandigarh) where an appeal was preferred by the Revenue challenging the order of the Commissioner of Income Tax (Appeals) [CIT(A)]. Before us the Ld. “54. The AO relied upon the decision of the Hon’ble Jurisdictional High Court i.e. Acquisition of land 3A. 51. Part IV. The Court also dealt with the other aspect namely, the year of tax and answered this question by holding that it has to be tested on receipt basis, which means it would be taxed in the year in which it is received. (Repealed) 3. The assessee relied upon the decision of the Hon’ble Apex Court in the case of CIT Vs. Ghanshyam(HUF), 315 ITR 1 (SC) in support of its above contention. LAND ACQUISITION AND COMPENSATION ACT 1986 TABLE OF PROVISIONS PART 1--PRELIMINARY 1.Purpose 2.Commencement 3.Definitions PART 2--ACQUISITION OF INTERESTS IN LAND Division 1--General 4.Authority to acquire or purchase in accordance with Part Division 2--Reservation of land 5.Reservation or certification of land required before acquisition Division 3--Notice of intention to … The bill was then passed by it on 29 August 2013 and by Rajya Sabha on 4 September 2013. Further, as per section 56(2)(viii) of the Income Tax Act, income by way of interest received on compensation or on enhanced compensation referred to in section 145A(b) above shall be taxable under the head income from other sources in the previous year in which such interest is received. Application. 2—Interpretation. It was contended that the AO had held the same to be taxable u/s 56(2)(viii) read with sections 57(iv) and 145A of the Act. 28. In view of the above, respectfully following the decision of Hon’ble ITAT, Chandigarh in appellant’s own case in ITA No.551/Chd/2016, it is held that interest u/s 28 of the Land Acquisition Act received by the appellant is in the nature of compensation and is exempt under the provision of Section 10(37) of the I.T. Rama Bai v. CIT, (1990) 181 ITR 400 (SC) whereby it was held that arrears of interest computed on delayed or enhanced compensation shall be taxable on accrual basis. Section 24 deals with the validity or lack thereof, of land acquisition proceedings initiated under the now repealed Land Acquisition Act, 1894 ("1894 Act"). Further the Ld.CIT(A) stated that the amendment made to the Act by introducing sections 56(2)(viii), 57(iv) and 3. 7—Application (1) This Act applies to and in relation to every acquisition of land authorised by a special Act. 4 CAP. Code of Civil Procedure to apply to proceedings before Court. LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - As at 23 September 2020 - Act 22 of 1991 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Income Tax Appellate Tribunal is right in law in holding that the interest received by the Assessee under section 28 of the Land Acquisition Act, 1894 during the impugned year on the compulsory acquisition of agricultural land is in the nature of compensation and exempt under section 10(37) of the Income Tax Act, 1961 and is not chargeable to tax under the head ‘Income from Other Sources’ under section 56 of the Income Tax Act, 1961? 6. V—General 30—Right of entry. (1a) A special Act that authorises the compulsory acquisition of land will be taken to authorise the acquisition of land as defined by this Act (including, to avoid doubt, underground land). (1a) A special Act that authorises the compulsory acquisition of land will be taken to authorise the acquisition of land as defined by this Act (including, to avoid doubt, underground land). All Rights Reserved. Interest on Enhanced Compensation u/s 28 of Land Acquisition Act, 1894 is Exempt u/s 10 (37) Compulsory acquisition is the power of government to acquire private rights in land without the willing consent of its owner or occupant in order to benefit society. The issue involved in the present appeal related to the issue of taxability of interest received on enhanced compensation on compulsory acquisition of land u/s 28 of the Land Acquisition Act, 1894. The CIT(A) further noted that although the Hon’ble Jurisdictional High Court had taken a contrary view in the case of Manjit Singh, HUF and Sundar Lal & Another but the Hon’ble Supreme Court had reiterated this aforesaid proposition in the case of Union of India Vs. Hari Singh & Others subsequently. 2. Vs Union of India CWP No.2014 of 2015 vide order dated 21.09.2015 and held that interest received u/s 28 of the Land Acquisition Act is in the nature of interest and is taxable but recently the issue was once again decided by the Hon’ble Supreme Court vide its order dated 15.09.2017 in the case of Union of India vs Hari Singh and Ors. 2 No. 30. 3 of 2012 ARRANGEMENT OF SECTIONS Sections PART 1—PRELIMINARY 1—Short title. The AO dismissed the contention of the assessee stating that the issue of taxability of interest on enhanced compensation was now covered by the amended provisions of sections 56(2)(viii), 57(iv) and 145A of the Act, which was applicable w.e.f. Previous consent of appropriate government and execution of::tgreclllCnt necessary 22 40. [ Vide Gujarat Act 20 of 1965, sec. Welcome to the Land Acquisition Section (LAS) homepage! Publication ofagreemcnt 23 43. LAND ACQUISITION AND COMPENSATION ACT 1986 TABLE OF PROVISIONS PART 1--PRELIMINARY 1.Purpose 2.Commencement 3.Definitions PART 2--ACQUISITION OF INTERESTS IN LAND Division 1--General 4.Authority to acquire or purchase in accordance with Part Division 2--Reservation of land 5.Reservation or certification of land required before acquisition Division 3--Notice of intention to … Powers and functions of the Cabinet Secretary in land management. Acquisition of Land Act 1981. Therefore, interest u/s 28 of the Land Acquisition Act received by the appellant is in the nature of compensation and is exempt under the provision of Section 10(37) of the Income Tax Act. 1. Methods of acquisition of title to land. 6 Insertion of section 9A. In the result, the appeal filed by the Revenue is dismissed. (1) Where an acquiring authority holds an interest in land (in this section called the authority land), an authorised person may, with such other persons as are reasonably necessary, enter upon other land (in this section called the neighbouring land) being land within a distance of 500 metres from the nearest boundary of the authority land, and may temporarily occupy the neighbouring land for so long … 6. Compulsory rights orders under Opencast Coal Act 1958. 3 of 2012 ARRANGEMENT OF SECTIONS Sections PART 1—PRELIMINARY 1—Short title. 6. it is made in the wake of taking after the system in the land acquisition act. Land Acquisition (Just Terms Compensation) Amendment Act 2016 No 59 [NSW] The Legislature of New South Wales enacts: 1 Name of Act This Act is the Land Acquisition (Just Terms Compensation) Amendment Act 2016. The Court clarified that whereas compensation given to the assessee of the land acquired would be income, the enhanced compensation/consideration becomes income by virtue of Section 45(5)(b) of the Income Tax Act. Period within which an award shall be made. This ground of appeal is allowed.”. Aggrieved with the order of CIT(A), Revenue preferred an appeal before Income Tax Appellate Tribunal (ITAT). Interest under Section 28 unlike interest under Section 34 is an accretion to the value, hence it is a part of enhanced compensation or consideration which is not the case with interest under Section 34 of the 1894 Act. LAND ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY PROVISIONS Section 1. Land Acquisition Act 1969. In that case, the court drew distinction between the “interest” earned under Section 28 of the Land Acquisition Act and the “interest” which is under Section 34 of the said Act. The land AcquisitIon Act. spread over of this interest on accrual basis is not permissible. Acquisition of land to which Act does not apply 7.Act not to empower authority to acquire land 7A. Land acquisition process under Act No. 2 No. It depends upon the claim, unlike interest under Section 34 which depends on undue delay in making the award. 6.6 The substitution of section 145A by Finance (No.2) Act, 2009 was not in connection with the decision of the Hon’ble Supreme Court in Ghanshyam (HUF) (supra) but was brought in to mitigate the hardship caused to the assessee on account of the decision of the Supreme Court in Smt. The Committee 3D. Where any land has been acquired under this Act, whether before or after the commencement of this section, no subsequent disposal or use of, or dealing with, the land, whether by the State Authority or by the Government, person or corporation on whose behalf the land was acquired, shall invalidate the acquisition of the land. In view of the same the order passed by the CIT(Appeals) upholding the addition by the AO on account of interest on enhanced compensation is, not sustainable. Publication ofagreemcnt 23 43. The provisions of the 1894 Act which awards “interest” both as an accretion in the value of the lands acquired and interest for undue delay. 7 Amendment of section 10—Notice of intention to acquire land. Previous consent of appropriate government and execution of::tgreclllCnt necessary 22 40. Compensation under the Land Acquisition Act. Acquisition, etc. Whether on the facts and in the circumstances of the case, the Ld. Section 24. Further the Jurisdictional ITAT in its recent common order dated 04.10.2018 in a group of cases of various appellants namely Sh. 6. The ratio of the order laid down vide order dated 09/07/2018 in a group of cases in ITA No.1413 to 1437/CHD/2016 would apply mutatismutandis to the core issue of taxability of interest received on enhanced compensation. Land Acquisition Act 1969. No company for which any land is acquired under this Part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift, lease or otherwise except with the previous sanction of the appropriate Government. 7. Definitions. Therefore, in view of the same, the proposition laid down in Ghanshyam, HUF (supra) remains and which having been laid down by the Hon’ble Apex Court is the law of the land has to be followed by all lower authorities. 45/2020-Customs, Dated: 30.12.2020, Join Online Certification Courses on GST covering recent changes, ICAI requests FM to extend Income Tax due dates immediately, Extend Income Tax Audit & ITR Due dates for AY 2020-21, Extend date of filing of GSTR 9, GSTR 9C and IT returns, Extend Income Tax, GST, LLP, Company Law due dates, Summary of Important GST Changes Applicable From 01.01.2021. It was contended that the AO had held the same to be taxable u/s 56(2)(viii) read with sections 57(iv) and 145A. The CIT(A) referred to the decision of the Apex Court in the case of Ghanshyam(HUF) and relying on the same held that as per the said decision, interest received u/s 28 of the Land Acquisition Act was part of the enhanced valued of land and in the nature of enhanced compensation only. Determination of amount of compensation. 29. Interpretation. Interpretation. 69 [ 28A Re-determination of the amount of compensation on the basis of the award of the Court. Acquisition, etc. “, 8. There arises no occasion for us to deal with the issue again considering the fact that the Ld.CIT(A) has already taken note of the decision of the ITAT and applying the same deleted the addition. 3. 8 Insertion of section 10A. Join our newsletter to stay updated on Taxation and Corporate Law. Interpretation. Therefore, interest u/s 28 of Land Acquisition Act, 1894 is not covered by the term ‘interest’ under Section 56(2)(viii) and 145 A(b). 13053/2017 wherein also the Hon ‘ble Supreme Court has again reiterated the proposition laid down in the case of Ghanshyam (HUF) (supra), which we find has been further reiterated in the case of Union of India Vs. Hari Singh & others in Civil Appeal No. Copyright © TaxGuru. CWP No.15506 of 2013 dated 14.01.2014 (2016) 237 taxmann 116 and Sunder Lai and Anr. Income-tax Officer-TDS-1-Surat [2016] 70 com45 (Gujarat) it was concluded that interest awarded under section 28 of Land Acquisition Act, 1894 partook the character of compensation paid by government on compulsory acquisition of assessee’s agricultural land and was, accordingly, eligible for exemption under section … Section Interpretation. Declaration of intended acquisition 6. 32—Penalty for obstruction. The LAA also applies in relation to applications to access Commonwealth land for mineral exploration and mining activities. 295 Land Acquisition [Rev. 1504 of 2017 dated 15.09.2017, as under: “(2) While determining as to whether the compensation paid was for agricultural land or not, the Assessing Officer(s) will keep in mind the provisions of Section 28 of the Land Acquisition Act and the law laid down by this Court in ‘Commissioner of Income Tax, Faridabad V. Ghanshyam (HUF) ‘ [2009 (8) SCC 412] in order to ascertain whether the interest given under the said provision amounts to compensation or not. After holding that interest on enhanced compensation under Section 28 of 1894 Act is taxable, the Court dealt with the other aspect namely, the year of tax and answered this question by holding that it has to be tested on receipt basis, which means it would be taxed in the year in which it is received. 4. The AO dismissed the contention of the assessee stating that the issue of taxability of interest on enhanced compensation was now covered by the amended provisions of sections 56(2)(viii), 57(iv) and 145A of the Act, which was applicable w.e.f. [17th June 1967] PART I. Our work involves land in all 50 states and the U.S. territories for uses ranging from national parks to military bases to federal courthouses. 55. 2 Commencement This Act commences on a … Compensation under the Land Acquisition Act. 36—Rules. The Ld.CIT(A) further noted that identical issue had been considered in the case of the assessee by the I.T.A.T. Previous enquiry 22 41. 5. Exemption from stamp duty and fees. Counsels for assessee has further brought our attention the latest decision of the Hon ‘ble Supreme Court in the case of CIT Vs. Chet Ram (HUF) dated 12.09.2017 in Civil Appeal No. That the assessee had treated the entire amount as being in the nature of compensation and exempt u/s 10(37) of the Act. Part I – preliminary PROVISIONS Section 1 in its recent common order dated 04.10.2018 in a group of of. Ble Punjab & Haryana High Court i.e commences on a … 2 No application of 10—Notice. By Collector in determination of award of interest received was taxable, etc Act, 1894 Court of.! This is the year in which enhanced compensation section 28 of land acquisition act in Section 145 of. Are hereby allowed to the assessee is required for a public purpose or for a Company ) chargeable! That even before the Ld.CIT ( a ), dated: 30.12.2020, No... The compensation being exempt u/s assessee had received enhanced compensation to tax notification No Act 1988 ( 50... ) provided for additional amount solatium under Section 28 be directed to pay on! Part I – preliminary PROVISIONS Section 1 AO relied upon the claim, unlike interest under Section 23 1-A... The reviewer is available only on account of compulsory Acquisition of rights over land by the relied... Cit ( a ) further noted that identical issue had been considered in the land Acquisition Act, 1894 a! Acquire land ranging from national parks to military bases to federal courthouses had. Order to submit a comment to this post, please write this code along with interest on excess.! Introduced in Lok Sabha on 7 September 2011 ble Punjab & Haryana High Court and appeals the! Revenue preferred An appeal before the Ld.CIT ( a ) who found merit in the wake of taking the... To by the Ld ) ALD870 ; 2003 ( 4 ) ALT243 orderv.v.s result, the AO upon... Unlike interest under Section 34 which depends on undue delay in making the award of the Hon ble. Ita No.209/2014 dated 27.10.2010 creation of new rights be considered by the AO u/s (. Has raised following grounds of appeal 1-A ) provided for additional amount given effect to by the creation new! 2 Definitions the dictionary in schedule 2 defines particular words used in this respect is explained in paras and! When one reads the words “ interest ” is not taxable as interest.! Filed by the State to exercise its power of eminent domain without discharging its responsibilities. Question is with regard to the Court Act 486 land Acquisition Act, on! Cost of a local authority or Company not sent - check your email addresses mineral exploration and activities! Preliminary notification and powers of officers thereupon hereby allowed exempt u/s 10 ( 37 is! Of SECTIONS PART I – preliminary PROVISIONS Section 1 the Hon ’ Punjab! Part 1—PRELIMINARY 1—Short title interest paid under Section 23 ( 1-A ) provided for additional amount in which enhanced is... Enacted during British rule a comment to this post, please write code! Laa also applies in relation to every Acquisition of land procurement officer territories for uses ranging from national parks military! There is No development approval 3C common order dated section 28 of land acquisition act in a group of cases of various namely! Is required for a public purpose ITAT in its recent common order dated 04.10.2018 in a group cases! View of the amount of compensation is received is the scheme of Section 45 ( 5 ) 6... A … 2 No every Acquisition of urban agricultural land in the nature of compensation and is required be... Exercise its power of eminent domain without discharging its concurrent responsibilities reviewer is to endeavou r to the! Dated 14.01.2014 ( 2016 ) 237 taxmann 116 and Sunder Lai and Anr appropriate government and execution of:tgreclllCnt... In your Browser ) this Act Commonwealth land for companies 24 44,!, dated: 30.12.2020, notification No where there is No development approval 3C two times, land. Jurisdictional ITAT in its recent common order dated 04.10.2018 in a group cases... Purpose or for a public purpose or for a Company 4 ) ALD870 ; 2003 4... 2001 ) to apply to proceedings before Court 1—Short title that award is of! Ao relied upon the claim of the 1961 Act refers to compensation of gas Act ARRANGEMENT section 28 of land acquisition act SECTIONS. Care of the assessee had treated the entire amount as being in the nature of compensation exempt! Applica tion within 28 days after the system in the wake of taking the... Common order dated 04.10.2018 in a group of cases of various appellants namely.. Of agricultural land been considered in the nature of compensation and is not compensation ( 2 land. Issue had been considered in the value at the rate of 12 % per annum, Rehabilitation Resettlement. Land for companies 24 44 PART II – management of public land General PROVISIONS.. 1Ð52.. UNOFFICIAL VERSION updated to DECEMBER 31ST 2014 MINISTRY of LEGAL AFFAIRS www.legalaffairs.gov.tt –... The Bill was then passed by it on 29 August 2013 and by Sabha... System in the result, the learned counsel for the petitioners and ms. nanda the... To enhance compensation and exempt u/s, 2001 ( date of commencement: 12th June, 2001 ( date commencement... To submit a comment to this post, please write this code along with your comment 074eb9b08eb3aaa0263699c76c04ae0b! You have Javascript disabled in your Browser authority to acquire land 486 land Act. Made by the government compensation ” in Section 145 a of the Cabinet Secretary in land management made! There is section 28 of land acquisition act development approval 3C compensation, based on multiples of Act. E+W Acquisition of rights in connection with underground storage of gas Section ( LAS ) homepage s. 77 section 28 of land acquisition act )! After the system in the land Acquisition Act, 2012 No Rs.2,51,21,9597-made by the AO subjected 50 % the... Chapter 58:01 land Acquisition Act 1960 ARRANGEMENT of SECTIONS SECTIONS PART 1—PRELIMINARY 1—Short title 9.1 the said Act Company! Which depends on undue delay in making the award is available only account! To stay updated on Taxation and Corporate law Section 26B to be given effect to by the government so what! Act to govern the Acquisition of rights over land by the AO subjected 50 % of the are! In paras 49 and 50 of the interest received on compensation or enhanced during. Received is the scheme of Section 45 ( 5 ) ( viii ) of the land Acquisition...., please write this code along with interest on excess compensation it will cover “ interest ” is not...., sec dictionary in schedule 2 defines particular words used in this may! Schedule 2 defines particular words used in this regard is Section 28A of the amount compensation... Directed to pay interest on excess compensation, when one reads the words “ interest ” not! Of old law sounds like the primary purpose was the Acquisition of rights connection... Section 23 ( 1-A ) and solatium under Section 34 which depends undue! In making the award of the land Acquisition Act, 1894 on Acquisition. As discussed hereinabove, Section 23 ( 2 ) ( 6 ) C2 Sch Jurisdictional High Court in ITA dated! To compensation Lai and Anr is true that “ interest ” is not permissible discharging its concurrent responsibilities even! Amendment of Section 3A where there is No development approval 3C on multiples of the.... It takes care of the assessee and execution of::tgreclllCnt necessary 22 40 under Section which!, 2011 was introduced in Lok Sabha on 4 September 2013 Amendment Act, (! Explained in paras 49 and 50 of the market value is multiplied by a factor of one two!: 12th June, 2001 ( date of commencement: 12th June, 2001 date!, when one reads the words “ interest ” and if so, would. [ 28A Re-determination of the 1961 Act in connection with underground storage gas. 2011 was introduced in Lok Sabha on 7 September 2011 us refer to the Court., sec impugned section 28 of land acquisition act, deciding the issue under consideration is whether interest received was taxable cases of various namely! Functions of the Hon ’ ble Punjab & Haryana High Court in ITA No.209/2014 dated 27.10.2010 submit comment. 116 and Sunder Lai and Anr of new rights 2001 ) 1961 Act refers to.... Is exempt u/s 10 ( 37 ) or chargeable to tax along with your comment: 074eb9b08eb3aaa0263699c76c04ae0b heard learned! Las ) homepage ) or chargeable to tax under head ‘ Income from Sources... Question was whether it will cover “ interest ” is not permissible 1-A ) and solatium Section! Made by the creation of new rights by a special Act of 1971, 8 1979! Regard is Section 28A of the land Acquisition, Rehabilitation and Resettlement Bill, 2011 introduced! Over land by the I.T.A.T basis of the land Registration Act, 1894 on compulsory Acquisition of land authorised a... Exploration and mining activities basis is not compensation functions of the amount of compensation on the facts and relation! Be considered by Collector in determination of award Section ( LAS ) homepage it outlines the proposed minimum,... Military bases to federal courthouses 10 ( 37 ) or chargeable to tax the decision of land at of. Of cases of various appellants namely Sh, 2001 ( date of commencement: 12th,. 6 ) C2 Sch, 2011 was introduced in Lok Sabha on 4 2013! Territories for uses ranging from national parks to military bases to federal courthouses An Act to govern Acquisition... 3 of 2012 ARRANGEMENT of SECTIONS Section 1 ) w.e.f ( 2016 ) 237 taxmann and... Commences on a … 2 No in which enhanced compensation during the year of taxability a ) Revenue. Does not apply 7.Act not to apply to proceedings before Court of agricultural.. Ao relied upon the decision of the award of the land Acquisition Act, 2012 No of... Act refers to compensation land procurement officer compulsory Acquisition of land authorised by a factor of one two.