Union of India & Ors. v. Infopark Kerala
[Citation -2017-LL-0405-23]
| Citation | 2017-LL-0405-23 |
|---|---|
| Appellant Name | Union of India & Ors. |
| Respondent Name | Infopark Kerala |
| Court | SUPREME COURT |
| Relevant Act | Income-tax |
| Date of Order | 05/04/2017 |
| Judgment | View Judgment |
| Keyword Tags | compulsory acquisition |
| Bot Summary: | 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2415/2010 UNION OF INDIA ORS. Appellant(s) VERSUS M/S.INFOPARK KERALA Respondent(s) WITH SLP(C) No.2287/2012 SLP(C) No.19148/2015 C.A. No.5902/2015 C.A. No.8783/2016 C.A. No.1065/2017 ORDER The controversy raised in the present appeals is as to whether the payment of compensation on agreed terms in respect of the land acquired would be entitled for exemption under Section 10 of the Income Tax Act, 1961 or not. This Court in the case of Balakrishnan v. Union of India Ors. 2017 SCALE 1 has held that even if the amount of compensation is paid on agreed terms it would not change the character of the acquisition from that of compulsory acquisition to the voluntary sale and the exemption provided under the Income Tax Act would be available and such negotiations would be confined to the quantum of compensation only. Signature Not Verified Digitally signed by SONALI SAUND Date: 2017.04.11 In view of the aforesaid discussion, we see no 16:56:47 IST Reason: ground to interfere with the impugned order passed by 2 the High Court. Accordingly, the Civil Appeals and the Special Leave Petitions fail and the same are dismissed. 5902/2015 and 8783/2016 C.A. No. 1065/2017 Date : 05/04/2017 These matters were called on for hearing today. UPON hearing the counsel the Court made the following ORDER The civil appeals and the special leave petitions are dismissed in terms of the signed order. |