Sobhi Lal Saini. v. ACIT (2023) 199 ITD 794 (Delhi) (Trib.)

S. 45 : Capital gains-Land situated within jurisdiction of municipality and population was more than 10,000-Not an agricultural land-Sale proceed out of compulsory acquisition of land was not exempt under section 10(37). [S. 2(14)(iii)(a), 10 (37), Land Acquisition Act, 1894 ]

Assessee’s land situated in village Jasola was acquired in year 1995-96 vide compulsory acquisition under provisions of Land Acquisition Act, 1894.  Assessee claimed proceeds out of compulsory acquisition of land as exempt under section 10(37)-Assessing Officer held  that since land was situated within jurisdiction of municipality, as per section 2(14)(iii)(a) exemption under section 10(37) is  not applicable. CIT(A) affirmed the order of the Assessing Officer. On appeal the Tribunal held that   since assessee’s land was situated within jurisdiction of municipality and population was more than 10,000, it was not an agricultural land referred to in section 10(37) read with section 2(14)(iii)(a).  Assessee is  not eligible for exemption under section 10(37) of the Act.  (AY. 2016-17)