2014 (11) TMI 937

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....asimha Reddy, J. - The appellant is an assessee. His land, admeasuring Ac.1.62 cents was acquired by the Government of A.P. in the year 1976, by invoking the provisions of the Land Acquisition Act (for short the Act). The Land Acquisition Officer fixed the market value at Rs. 6.50 ps. per square yard. Not satisfied with that, the appellant sought for reference under Section 18 of the Act. The same....

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....enhancement ordered by the trial Court as well as this Court were treated as additional compensations and not covered by Section 54-H of the I.T. Act. The Commissioner of Appeals dismissed the appeals through order, dated 19.12.1995. Further appeals preferred before the Hyderabad Bench of the Income Tax Appellate Tribunal being I.T.T.A.Nos.571 and 572/Hyd/96 were also rejected, through order, date....

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....pted from capital gains tax. 6. It has already been mentioned that the determination of the compensation for the land acquired from the appellant occurred at three stages viz., Land Acquisition Officer, Civil Court and the High Court. Naturally the payment of compensation was also made in a staggered manner depending on the nature of adjudication. 7. In the context of allowing the benefit un....

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....the compensation is determined by the Court, that the matter would assume finality. 9. Through out the proceedings, the authorities under the Act have employed the expression additional compensation. In our view, it is a misnomer to call the enhanced amount as additional compensation. The word compensation connotes not only the market value but also the other components such as solatium and add....