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The HC held that Section 194LA, when read ejusdem generis with the phrase "payment thereof in cash or by issue of a cheque or draft," does not extend to transfer of development rights (TDR) certificates issued in lieu of land acquisition compensation; thus TDR issuance falls outside Section 194LA's TDS mandate. The court found analogous provisions addressing payment in kind absent from Section 194LA, thereby accepting the Petitioner's strong prima facie case for interim relief. Pending final hearing, the HC stayed operation and implementation of the impugned order dated 31 March 2025 under ss. 201 and 201(1A) of the IT Act, and consequently stayed the demand notice and penalty order dated 30 September 2025 under s. 274 read with s. 271C and attendant demands.
The HC held that Section 194LA, when read ejusdem generis with the phrase "payment thereof in cash or by issue of a cheque or draft," does not extend to transfer of development rights (TDR) certificates issued in lieu of land acquisition compensation; thus TDR issuance falls outside Section 194LA's TDS mandate. The court found analogous provisions addressing payment in kind absent from Section 194LA, thereby accepting the Petitioner's strong prima facie case for interim relief. Pending final hearing, the HC stayed operation and implementation of the impugned order dated 31 March 2025 under ss. 201 and 201(1A) of the IT Act, and consequently stayed the demand notice and penalty order dated 30 September 2025 under s. 274 read with s. 271C and attendant demands.
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