2010 (7) TMI 1019 - AT - Income Tax

Compensation for Land Use Not Taxable as Capital Gains

Shri Thakorbhai V. Naik Versus ITO, Ward-3 (4) Surat.

The ITAT allowed the assessee's appeal against the order of CIT(A)-II, Surat, regarding the taxability of compensation received for granting the right of ... - Issues involved: Appeal against order of CIT(A)-II, Surat regarding compensation received for granting right of user of agricultural land for laying out pipelines.Details of the judgment:1. The appeal was made by the assessee against the order of the CIT(A)-II, Surat dated 04.12.2009. The only ground raised in the appeal was regarding the compensation received from M/s. Gujarat Gas Co. Ltd. for granting the right of user of the agricultural land for laying out pipelines, questioning its taxability under the Income Tax Act, 1961.2. During the hearing, it was explained that the Gujarat Gas Company Ltd. laid down underground pipelines in the assessee's agricultural land and paid compensation amounting to &8377; 2,80,245. The AO treated this compensation as income from other sources, while the CIT(A) considered it a capital receipt but directed the AO to compute capital gains. The Revenue accepted the CIT(A)'s order, leading the assessee to appeal before the ITAT against the direction to charge capital gains tax on the compensation.3. The counsel argued that since there was no transfer of agricultural land or any other capital assets by the assessee, the compensation received should not be subject to capital gains tax. It was requested to modify the CIT(A)'s direction and hold that the compensation is a capital receipt not chargeable to tax.4. The learned DR supported the CIT(A)'s orders, pointing out that the assessee had alternatively claimed in written submissions before the CIT(A) that the capital receipt may be charged to capital gains tax. However, the counsel clarified that the assessee had also detailed in the same submission that the capital receipt should not be taxed as capital gains due to the absence of asset transfer.5. After considering the arguments and evidence, it was noted that there was no dispute that the compensation was received for laying down underground pipelines in the assessee's agricultural land. Since there was no transfer of capital assets to the Gujarat Gas Company Ltd., it was concluded that the receipt cannot be charged to capital gains tax as per section 45 of the Income Tax Act. Therefore, the order of the CIT(A) was partly modified, holding that the compensation received is a capital receipt not subject to tax.6. Consequently, the ITAT allowed the assessee's appeal, and the order was pronounced in Open Court on 30/07/2010.