2019 (11) TMI 1801

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....HE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FOR THE APPELLANTS : SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT FOR THE RESPONDENT R1 BY ADV. SRI.ABRAHAM JOSEPH MARKOS R1 BY ADV. SRI.ISAAC THOMAS R1 BY ADV. SHRI.VIPIN ANTO H.M. R1 BY ADV. SHRI.ALEXANDER JOSEPH MARKOS R1 BY ADV. SHRI.SHARAD JOSEPH KODANTHARA JUDGMENT Abdul Rehim, J. Question arising for consideration in this....

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....t. By virtue of an Award passed by the Acquisition Officer on 30.10.2015 under Act 30 of 2013, the compensation payable was fixed at Rs. 7,54,24,705/-. During the relevant assessment year, the respondent received 80% of the compensation determined by virtue of the Award passed during the assessment year 2016-2017. The assessing authority included a portion of the receipt of compensation as taxable....

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....of the RFCTLAAR Act." 4. While considering the challenge raised against the order of assessment, the learned Single Judge observed that, Section 96 does not draw any distinction between compensation received for compulsory acquisition based on the nature of the asset acquired. But the exemption provided is wider in scope than any of the tax exemptions provided under provisions of the Income-tax....

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.... Act 30 of 2013. The observation contained in the impugned judgment is to the effect that, if the exemption is granted by the Parliament, the court is not to deny such exemption by adopting an impermissible interpretation. Hence the impugned assessment was quashed. It is aggrieved by the said judgment, that the Revenue had filed the above writ appeal. 5. We are of the considered opinion that Se....