Kerala High Court
P.S. Abdul Rahiman vs The District Collector on 3 May, 2014
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 12TH DAY OF JUNE 2014/22ND JYAISHTA, 1936
WP(C).No. 14914 of 2014 (L)
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PETITIONER(S):
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P.S. ABDUL RAHIMAN,
AGED 65 YEARS,
S/O SAYID MOHAMMAD,
33/124C, MARHABA,
SOUMYA NAGAR, VENNALA,
ERNAKULAM.
BY ADVS.SRI.V.T.RAGHUNATH
SMT.C.V.RAJALAKSHMI.
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
KAKKANAD,
ERNAKULAM- 682 030.
2. THE SPECIAL TAHSILDAR (LAND AQUISITION),
NATIONAL HIGHWAY NO 3,
VYTTILA, ERNAKULAM -682 019.
3. KOCHI METRORAIL CORPORATION,
BY MANAGING DIRECTOR,
VYTTILA ERNAKULAM- 682 019.
4. THE COMMISSIONER OF INCOME TAX (TDS),
CR BUILDINGS, IS PRESS ROAD,
KOCHI- 682 018.
BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX
BY SENIOR GOVERNMENT PLEADER SMT.SHOBA ANNAMMA EAPEN.
BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs/
WP(C).No. 14914 of 2014 (L)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1 COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 03-05-2014.
EXHIBIT P2 COPY OF THE JUDGMENT IN WA NO 2243 OF 2008 DATED 08-01-2009.
RESPONDENT(S)' EXHIBITS:
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NIL.
/true copy/
P.A.TO JUDGE
rvs/
K. Vinod Chandran, J
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W.P.(C).No.14914 of 2014-L
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Dated this the 12th day of June, 2014
JUDGMENT
The issue raised in this writ petition is with respect to the acquisition for Metro Rail project at Kochi and the tax deduction at source, from the award amounts, as mandated under Section 194LA of the Income Tax Act, 1961. The contention of the petitioner is that he has under sub-section (2) of Section 11 entered into negotiated sale agreements with the District Level Purchase Committee, constituted by the Government and subsequently an award was passed under sub-section(2) of Section 11, taking it out of the net of a compulsory acquisition. The petitioner relies on a Division Bench judgment of this Court, which reliance was distinguished by the learned Standing Counsel for Government of India (Taxes), on the ground that the facts clearly distinguish the two acquisitions and the present acquisition is initiated under the Land Acquisition Act, 1894 and an award is also passed under the L.A.Act.
WP(C).No.14914 of 2014 - 2 -
2. The issue with respect to an award passed under sub-section (2) of Section 11 has been considered by this Court in the judgment delivered in a batch of writ petitions, W.P(C) No.4209 of 2014 and connected cases. The same principle would apply herein also. The very same declaration passed in the earlier case would apply squarely to the petitioner also. The revenue authorities are hence restrained from making any tax deduction at source as provided under 194LA; but however, with liberty to make such deduction under Section 194 IA, wherever it is permissible.
Writ petition allowed.
Sd/-
K.Vinod Chandran Judge.
vku/-
( true copy )