VidhiSangh

Supreme Court of India · 25/08/2020

RAJ PAL SINGH versus COMMISSIONER OF INCOME-TAX, HARYANA, ROHTAK

[2020] 9 S.C.R. 185 · 2020 INSC 505

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Summary

For assessment year 1971–1972, capital gains from compulsory acquisition accrued on the award dated 29 September 1970, when the transfer was completed, rather than on the preliminary notification dated 15 May 1968. The beneficiary college’s continued occupation after its lease expired did not amount to Government possession or vesting on notification. Interest awarded from the notification date did not alter that conclusion. A different acquisition involving urgency provisions did not bind the Revenue to the same assessment treatment. The assessee’s appeal was dismissed.

Issues

  1. When capital gains accrued where the beneficiary already occupied the land before compulsory acquisition.
  2. Whether an unchallenged decision concerning another acquisition and assessment year precluded the Revenue’s position.

Provisions considered

Held

Result

Appeal dismissed without costs. Assessment of long-term capital gains, including enhanced compensation, and protective assessment of interest on accrual basis upheld.

Judgment PDF: Supreme Court of India, [2020] 9 S.C.R. 185.