2014 (8) TMI 114 - HC - Income Tax

High Court: Mutual agreement for land acquisition not under sec 194 LA of Income Tax Act.

The Chhattisgarh High Court held that the land acquisition by the Assessee did not constitute compulsory acquisition under section 194 LA of the Income ... TDS on Compulsory acquisition u/s 194LA – Land acquired by agreement - Whether the land acquired by agreement by the Assessee under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 is compulsory acquisition within the meaning of section 194 LA or not – Held that:- There is a purchase of the whole or any part of any statutory undertaking under any enactment in that behalf prescribing the terms on which the purchase is to be effected, the provisions of the Land Compensation Act 1961 as to compulsory acquisitions of land are excluded u/s 36(1) and the transfer of industries to public ownership did not amount to a compulsory purchase or sale - in a case of compulsory acquisition, the seller has no option - He can neither refuse to sell his land nor can he negotiate the price - The price is fixed by the statute itself. The property was not acquired under the LA-Act but under the Nivesh-Act - the seller had no option but to sell the property to the Assessee - the property was not acquired under the LA-Act and it was acquired only by agreement - after the mutual agreement between the parties, the price was stated in a notification by the Assessee, does not make it a compulsory acquisition – thus, in case of compulsory acquisition the seller has neither option to opt out of the acquisition nor can he negotiate the price - price was neither fixed by the statute nor by the principles stated but was agreed by the mutual negotiation - Tribunal has rightly held that there was no compulsory acquisition - Section 194 LA was not applicable – Decided against Revenue. Issues Involved:Whether land acquired under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 by the Assessee constitutes compulsory acquisition under section 194 LA of the Income Tax Act, 1961.Detailed Analysis:1. Background and Facts:The case involves the Naya Raipur Development Authority acquiring land in the AY 2007-2008 without deducting TDS. The Assessing Officer (AO) issued notices regarding TDS deduction under section 194 LA of the IT-Act. The AO held the Assessee in default, assessing a tax liability of &8377; 7,71,11,918.2. Appeal Process:The Assessee appealed to the Commissioner of Income Tax (Appeals) and later to the Tribunal. The Tribunal allowed the appeal, stating no compulsory acquisition occurred, rendering section 194 LA inapplicable. The Income Tax Department appealed under section 260A of the IT-Act.3. Legal Interpretation:The judgment delves into the definition of 'compulsory acquisition,' citing legal precedents. It highlights that in compulsory acquisition, the seller has no option to negotiate the price, which is fixed by statute. The Land Acquisition Act, 1894 is a key law for compulsory acquisition.4. Comparison with Land Acquisition Act:The judgment contrasts the LA-Act's provisions with the Nivesh-Act under which the land was acquired. It explains the process of acquisition under the Nivesh-Act, emphasizing the role of mutual agreement in determining the price.5. Decision and Conclusions:The court concludes that the land acquisition by the Assessee was not compulsory as the price was not fixed by statute but mutually agreed upon. Therefore, section 194 LA of the IT-Act does not apply. The judgment dismisses the tax case, affirming the Tribunal's decision.This detailed analysis of the judgment provides a comprehensive understanding of the legal issues, interpretations, and conclusions reached by the Chhattisgarh High Court in this tax case.