BALAKRISHNAN versus UNION OF INDIA & ORS.

BALAKRISHNAN versus UNION OF INDIA & ORS.

Acquisition process followed Land Acquisition Act provisions and was compulsory; agreed compensation does not change nature to voluntary sale; section 10(37) exemption is available.

Parties
Appellant: Balakrishnan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
11 January 2017
Procedural Posture
Civil Appeal / Final Appeal
Outcome
appeal allowed
Legal Topics
Capital Gains Tax, Tax Exemption, Compulsory Acquisition
Income Tax Land Acquisition Capital Gains Tax Tax Exemption Compulsory Acquisition

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Parties

Balakrishnan

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appeal

Legal Issues

  1. 1 Whether exemption under Section 10(37) of Income Tax Act, 1961 is available for land acquired compulsorily where compensation amount was agreed upon through negotiation.

Ratio Decidendi

Acquisition process followed Land Acquisition Act provisions and was compulsory; agreed compensation does not change nature to voluntary sale; section 10(37) exemption is available.

Court Disposition

appeal allowed

Orders

  • Proceedings under Section 148 of the Income Tax Act, 1961 are quashed.