https://www.taxtmi.com/caselaws?id=397788 In compulsory acquisition, capital gains under section 45 arise only when transfer is completed by statutory vesting of the land in the Government. For ordinary acquisition under the Land Acquisition Act, 1894, notification under section 4 and other preliminary steps do not divest the owner; vesting occurs on possession after the award under section 16. Section 17 applies only in urgency acquisitions and requires the statutory conditions for earlier vesting to be shown. On the stated facts, the acquisition was treated as an ordinary acquisition, so transfer was complete on the award date and capital gains were assessed accordingly. A prior Tribunal order in a different year did not bar the Revenue because the factual and statutory setting was materially different. en-us Tue, 25 Aug 2020 00:00:00 +0530 Wed, 07 Oct 2020 15:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397788 In compulsory acquisition, capital gains under section 45 arise only when transfer is completed by statutory vesting of the land in the Government. For ordinary acquisition under the Land Acquisition Act, 1894, notification under section 4 and other preliminary steps do not divest the owner; vesting occurs on possession after the award under section 16. Section 17 applies only in urgency acquisitions and requires the statutory conditions for earlier vesting to be shown. On the stated facts, the acquisition was treated as an ordinary acquisition, so transfer was complete on the award date and capital gains were assessed accordingly. A prior Tribunal order in a different year did not bar the Revenue because the factual and statutory setting was materially different. Case-Laws Income Tax Tue, 25 Aug 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397788