TaxTMI 
TaxTMI 
2026 (3) TMI 1560
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....see has raised the following grounds of appeal. "1. The Ex-parte order passed by the Commissioner of Income Tax Appeal, National Faceless Appeal Centre (CIT(A) NFAC) is illegal, invalid and bad in law; 2. On the facts and circumstances the learned CIT(A) NFAC erred in confirming addition of Rs. 13,08,04,359/- made by the assessing officer is unjustified, unwarranted and excessive. 3. On the facts and circumstances the learned CIT(A) NFAC erred in not considering the notices issued by the CIT(A) NFAC have not been received by the assessee and assessee is having no knowledge of income tax PORTAL, therefore order passed is illegal, invalid and bad in law; 4. On the facts and circumstances the learned CIT(A) ....
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....ng National High Way No.7 from Nagpur to Hyderabad. Copy of award passed by Additional Commissioner Nagpur, is placed on record. The total amount of Rs. 26.22 Crore consists of Rs. 13,08,04,359/- on account of compensation and Rs. 13,14,58,381/- as statutory interest on such compensation. The copy of payment voucher specifying the amount of interest of Rs. 13.14 Crore and interest component on such compensation of Rs. 13.08 Crore is filed at page No. 27 of paper Book. Though, the entire amount of Rs. 26.22 Crore is exempt from tax, still the Land Acquisition Officer and Project Director of NHAI, while making payment deducted TDS of Rs. 1,35,79,651/- on the interest component only. The lower authorities have allowed the exemption on interest....
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....nshyam (2009) 8 SCC 412 (SC), * Harry Township Ltd. vs. ACIT (2025) 39 NYPTTJ 504 (Del-Trib), * Kusum Jayram Thakur vs. ITO (2024) 38 NYPTTJ 601 (Pune-Trib), * Sumesh Kumar vs. ITO in ITA No. 5207/Del/2017 dated 05.03.2020. 3. The assessee has filed following documents on record. * Copy of award passed by Additional Commissioner, Nagpur Division, Nagpur dated 09.10.2013 in Arbitration Case No. 59/ARB/2011-12, * Copy of payment voucher of compensation with detail of compensation and working of interest on such compensation paid on 01.06.2011, * Copy of return of income with computation of income, copy of audit report with balance-sheet and all relevant financial statements, * ....
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....reon as exempted agricultural income. However, during assessment, the assessee furnished sufficient evidence to substantiate the fact that in fact the assessee has received compensation on compulsory acquisition of their land with interest. We find that the land of assessee was acquired for extension of National Highway No. 7 from Nagpur to Hyderabad. Copy of award passed by Additional Commissioner, Nagpur is on record. We find that along with the amount of award, the assessee received statutory interest. As per operative part of award dated 09.10.2013, the assessee-company was awarded Rs. 12,78,58,500/- for acquisition of 1.23 Hectare of their lands. Out of which the assessee was already received Rs. 98,39,991/-. The assessee was also allo....
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....n of his agricultural land from NHAI under National Highways Act, 1956, since section 96 of RFCTLARR Act providing for exemption from income tax, stamp duty and fees would also be applicable to land acquired under Act of 1956, assessee would not be liable to pay income tax on amount of compensation paid to him. We also find that Hon'ble High Court in para -16 of its order referred the decision of Supreme Court in NHAI Vs P. Nagaraju's alias Cheluvaiah & Others (2022) 15 SCC-1, wherein it has been clearly held that the benefits available to the landowners under the RFCTLARR Act are to be also available to similarly placed landowners whose lands are acquired under the 13 enactments specified in the Fourth Schedule including the Act of 195....