Supreme Court - Daily Orders
Union Of India vs M/S.Infopark Kerala on 5 April, 2017
Bench: R.K. Agrawal, Mohan M. Shantanagoudar
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
O R D E R
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 (37) of the Income Tax Act, 1961 or not.
This Court in the case of Balakrishnan v. Union of India & Ors. - 2017 (2) 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.
.........................J. [R.K. AGRAWAL] ........................J. [MOHAN M. SHANTANAGOUDAR] NEW DELHI;
APRIL 05, 2017 3 ITEM NO.115 COURT NO.9 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.2415/2010 UNION OF INDIA & ORS. Appellant(s) VERSUS M/S.INFOPARK KERALA Respondent(s) WITH
SLP(C) No. 2287/2012 (With office report) SLP(C) No. 19148/2015 (With office report) C.A. Nos. 5902/2015 and 8783/2016 C.A. No. 1065/2017 (With office report) Date : 05/04/2017 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr. K.Radhakrishnan,Sr.Adv.
Mr. Arijit Prasad,Adv.
Mr. T.M.Singh,Adv.
For Mrs. Anil Katiyar,Adv.
For Respondent(s) Mr. Arvind P.Datar,Sr.Adv.
Mr. Pratap Venugopal,Adv. Ms. Surekha Raman,adv.
Ms. Niharika,Adv.
Ms. Kanika Kalaiyarasan,Adv. For M/s. K. J. John & Co.,Advs.
Mr. B. Krishna Prasad,Adv.
Mr. M. T. George,Adv.
Mr. Shreekant N. Terdal,Adv.
Mr. T. V. George,Adv.4
Mr. Somil Agarwal,Adv.
Ms. Monika Ghai,Adv.
Mr. Ambhoj Kumar Sinha,Adv.
UPON hearing the counsel the Court made the following O R D E R The civil appeals and the special leave petitions are dismissed in terms of the signed order.
(ASHA SUNDRIYAL) (CHANDER BALA) COURT MASTER COURT MASTER
(Signed order is placed on the file.)