| COURT: | Supreme Court |
| CORAM: | A. M. Khanwilkar J, Dinesh Maheshwari J, Hemant Gupta J |
| SECTION(S): | 2(47), 45, 48 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | capital gains, compulsory acquisition, transfer |
| COUNSEL: | B. V. Balaram Das, Rameshwar Prasad Goyal |
| DATE: | August 25, 2020 (Date of pronouncement) |
| DATE: | August 26, 2020 (Date of publication) |
| AY: | 1971-1972 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 45 Capital Gains: In matters relating to compulsory acquisition of land under the Act of 1894, completion of transfer with vesting of land in the Government essentially correlates with taking over of possession of the land under acquisition by the Government. However, where possession is taken over before arriving of the relevant stage for such taking over, capital gains shall be deemed to have accrued upon arrival of the relevant stage and not before. To be more specific, in such cases, capital gains shall be deemed to have accrued: (a) upon making of the award, in the case of ordinary acquisition referable to Section 16; and (b) after expiration of fifteen days from the publication of the notice mentioned in Section 9 (1), in the case of urgency acquisition under Section 17 (All imp judgements referred) | |
For chargeability of income-tax, the income ought to have either arrived or accrued. In the matter of acquisition of land under the Act of 1894, taking over of possession before arrival of relevant stage for such taking over may give rise to a potential right in the owner of the property to make a claim for compensation but, looking to the scheme of enactment, it cannot be said that transfer resulting in capital gains is complete with taking over of possession, even if such taking over had happened earlier than the point of time of vesting contemplated in the relevant provisions.
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