INCOME TAX OFFICER Vs. ARVIND NARAIN
INCOME TAX APPELLATE TRIBUNAL
Click here to view full judgement.
Bishan Lal, Accountant Member -
(1.) THE assessee is an individual and he, along with certain other co-owners, owned 194 bighas and 6 biswas of agricultural land, including land in dispute measuring 49 bighas 13 biswas, in village Malikpur Chhawani, Delhi. This land was acquired by Delhi Administration for a public purpose, namely, the Planned Development of Delhi. THE Notification under Section 4 of the Land Acquisition Act, 1894, bears No. F. 15(iw)59-LSG dated 13-11-1959. THE Notification under Section 6 of the Land Acquisition Act, 1894, bears No. F. 4(14)/61-LSG dated 9-4-1964. THE Land Acquisition Collector by his award No. 1748, announced on 30-11-1964, categorised the entire land under acquisition in two blocks as follows :
(2.) Feeling aggrieved by the said award, a reference was made under Section 18 of the Land Acquisition Act, 1894. The learned Additional District Judge, Delhi, by his judgment dated 14-4-1976 in LAC No. 744/65, and 209/68 enhanced the compensation by a sum of Rs. 23,01,119.47.
The Union of India filed an appeal in the Delhi High Court which bears No. 244 of 1976. An application for stay was also made. The Delhi High Court by its judgment dated 3-8-1976 in Appeal No. 244 of 1976 directed that The amount in dispute in the appeal must be deposited in the Court below within two months and the same will be payable to the respondents on furnishing security for restitution to the satisfaction of the Additional District Judge.'
(3.) AN application dated 24-8-1976, was made on behalf of the recipients of the enhanced compensation and it was pleaded that the enhanced compensation may be distributed to the various applicants as per Schedule 'A' on their furnishing security of the whole amount. A security bond was executed on 16-9-1976 and submitted in the Court of the learned Additional District Judge, Delhi. The details of the break-up of the sum of Rs. 23,01,119.47 are as under :
BREAK UP OF THE SUM OF RS. 23,01,119 SENT BY LAC VIDE LETTER DATED 25-8-1976 TO THE COURT OF SHRI JAGDISH CHANDRA, ADDITIONAL DISTRICT JUDGE, IN LAC NO. 209/68 RAVINDER NARAIN V. UNION OF INDIA AND PAID TO THE CLAIMANTS :
The aforesaid amount was received in September 1976 by the different claimants, including the assessee, after furnishing the security for restitution to the satisfaction of the Additional District Judge, Delhi.;
Copyright © Regent Computronics Pvt.Ltd.