TaxTMI 
TaxTMI 
TaxTMI 
2014 (8) TMI 114
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....Appellate Tribunal, Raipur Bench, Raipur (the Tribunal) dated 19.07.2013 allowing the appeal of the Naya Raipur Development Authority, Raipur (the Assessee) for the Assessment Year (the AY) 2008-09. THE FACTS 2. Raipur is the capital of Chhattisgarh. The State decided to build a capital city adjacent to the existing Raipur and for this purpose, an authority in the name of Raipur Capital Area Development Authority was constituted under section 64 of the Nivesh-Act. It was later on re-named as Naya Raipur Development Authority, (the Assessee). 3. The Assessee acquired land within its area in the AY 2007-2008 and paid consideration to the land owners. However, no tax was deducted at source (the TDS). 4. The Assessing Officer (the AO) issue....
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....appeal under section 260A of the IT-Act. POINTS INVOLVED 12. We have heard counsel for the parties. This appeal was admitted on 14.05.2014 on the following two substantial questions of law: (i) Whether in the facts and circumstances of the case, the acquisition by the Naya Raipur Development Authority is a compulsory acquisition or not; (ii) Whether in the facts and circumstances of the case, section 194 LA of the Income Tax Act, 1961 is applicable or not. However, the basic question in this appeal is mentioned in the opening paragraph of the judgement. In case it is decided in favour of the Department, then the matter is to be sent back to the Tribunal to decide the question whether the property was agricultural property or not. THE ....
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....] 2 All ER 345, HL). For the purpose of the Land Compensation Act 1961 s 36, 'statutory undertaking' means an undertaking established under any enactment: s 36(2). 'Enactment' includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament (s 39(1)); and reference in Land Compensation Act 1961 to any enactment are to be construed as references to that enactment as amended by or under any other enactment as amended by or under any other enactment (s 39(9). As to the exclusion of statutory undertakers' land from compulsory purchase under the Acquisition of Land Act 1981 see s 16; and para 41 post. 15. In Sunder vs. Union of India {(2001) 7 S....
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.... aforesaid enactments were replaced by the Act VI of 1857. This was supplemented by Act XXII of 1863. These statutes were consolidated and replaced by the Act 10 of 1870, which in turn was replaced by the LA-Act. 20. The preamble of the LA-Act explains that it was enacted 'to amend the law of the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition'. 21. Section 4 of the LA-Act provides publication of preliminary notification for intention to acquire the land. After conducting an enquiry and deciding the objections, final notification is published under section 6 of the LA-Act. 22. The Collector fixes the compensation under sectio....
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....porate with perpetual succession and a common seal and has power to acquire, hold and dispose of property. 30. Section 69 of the Nivesh-Act is titled as 'Powers'. Under this section, the Assessee, while acquiring any land exercises the powers and follows the procedure which a Town and Country Development Authority has or follows for acquiring any land. 31. Chapter VII of the Nivesh-Act is titled as 'Town and Country Development Authority'. Section 56 is in this chapter. It is titled as 'Acquisition of land for Town and Country Development Authority or Housing and Urban Development Authority of Chhattisgarh'. It provides that the Town and Country Development Authority can acquire the land by agreement and in case of....
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....f the same, it is to be done under the LA-Act. 34. There is no dispute between the parties that in the present case, the property was not acquired under the LA-Act and it was acquired only by agreement. 35. In case the property is acquired by agreement, then the price is not fixed by the statute: it is settled by the parties. The second condition of compulsory acquisition is not satisfied. The acquisition of the property by the Assessee cannot be said to be a compulsory acquisition. 36. The fact that after the mutual agreement between the parties, the price was stated in a notification by the Assessee, does not make it a compulsory acquisition. No one was bound by that. In case of disagreement, the Assessee had to proceed under the LA-Ac....