Assessee has received compensation under the Right to Fair Compensation and Transparency in Land Acquisition Act , 2003. The said amount was shown as exempt . In the course of assessment proceedings the AO has accepted the same as exempt . PCIT in revision proceedings held that the said compensation is liable to tax as long term capital gains u/s 45(5) of the Act and set aside the assessment order . On appeal the Tribunal referred the CBDT Circular No 36 of 2015 dt . 25 -10- 2016 and held that compulsory acquisition is not chargeable to capital gains . Revision order was quashed . ( ITA No. 131 /VIZ/ 2021 dt . 16 -3 -2022 ) ( AY. 2016 -17)
Mattapali Ram Kumar v. ACIT ( 2022) The Chamber’s Journal -April – P. 103 ( Vishakha ) ( Trib)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Compensation received under compulsory acquisition is not chargeable to capital gains – Revision is not valid [ S. 45(5), Right to Fair Compensation and Transparency in Land Acquisition Act , 2013, S.96 ]