Karnataka High Court takes note of income tax exemption disparity in laws pertaining to land acquisition

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The authorities  counsel opposing the statement  stated that considering daughters-in-law arsenic  ‘family’ would beryllium  a “manhandling” of the laws.Karnataka High Court. (File photo)

The Karnataka High Court has allowed an entreaty by the Income Tax Department against taxation exemption allowed successful definite onshore acquisition cases. The order, passed connected October 29 by a part seat of the Dharwad Bench consisting of Justices Krishna S Dixit and Vijaykumar Patil, nevertheless noted a definite imbalance successful the antithetic laws regarding the benefits that the onshore losers were eligible for.

In this case, a erstwhile precocious tribunal judgement from April 2023 had granted alleviation from paying income taxation for compensation of onshore acquisition, based connected Section 96 of Right to Fair Compensation and Transparency successful Land Acquisition, Rehabilitation and Resettlement Act, 2013. Appealing this judgement earlier the part bench, the I-T Department argued that this could lone beryllium applied if the acquisition was made nether the 2013 enactment itself and not done immoderate different law, specified arsenic the Karnataka Highways Act.

On the different hand, the opposing broadside argued that erstwhile the 2013 Act was enacted, each the different competing laws were implied to person been repealed, among different arguments. The precocious tribunal accepted the I-T Department’s appeal, striking down the earlier order.

However, it expressed immoderate concerns regarding this imbalance, stating, “One cannot crook a Nelson’s Eye to the evident hostile favoritism of the persons losing onshore successful acquisition process nether the statutes different than 2013 Act, are enactment to: Firstly, the payment of bundle availing nether the caller Act 2013 Act are beauteous charismatic compared to those contemplated nether State legislations specified arsenic Karnataka Industrial Areas Development Act 1966… the magnitude of compensation payable to the land-losers is overmuch higher.”

Elaborating connected this, the tribunal said, “It is rather evident that determination is simply a batch of heart-burn successful the people of persons who person mislaid lands successful acquisitions accomplished nether the statutes different than 2013 Act…. It is precocious clip that the Central Government addresses this facet of the substance earlier agelong and thereby assuages the grievance of onshore losing farmers, accordant with the argumentation contented and laudable intent enacted successful Section 96 of the caller Act.”

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