COMPENSATION RECEIVED FROM COMPULSORY ACQUISITIO OF IMMOVEBALE PROPERY TDS U/S 194LA IS TAXABLE OR NON TAXABLE CAN WE CLAIM TDS DEDUCTED U/S 194LA, IS EXEMPTED FROM INCOME TAX
10 August 2021
If the settlement is done under the following Act, then no tax payable. See the settlement document. Otherwise tax payable. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, shortly known as RFCTLARR Act, which came into effect from January 1, 2014,
10 August 2021
Cases, wherein, TDS is not to be deducted under section 194LA TDS is not deductible under section 194LA in following cases –
When the person is paying an amount to a ‘non-resident’ person. When the aggregate consideration during the Financial Year is less than INR 2,50,000. When the payment is made in respect of any award / agreement which is exempted from income tax under section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. When the payee has filed an application in Form No. 13 to the Assessing Officer and has obtained a certificate for No / lower deduct of tax.
TDS deducted in your case not falling under RFCTLARR hence it's taxable.
HIS OLD HOUSE SITUATED IN VILLAGE AREA, THE BUILTED IN AGRICULTURAL LAND. SO IN THIS CASE HOW TO DETERMINE WHETHER IS IMMOVEMABLE HOUSE PROPERTY OR AGRICULTURAL LAND
10 August 2021
Mostly TDS might have been wrongly deducted. Checkup with acquisition authorities whether the settlement is as per the Above referred Act. Mostly such settlement is under the act only which is exempt from income tax.
In case of the house is situated in the vicinity of agricultural land then it is considered as agricultural land acquisition exempt from income tax.
THANK YOU FOR YOUR REPLIES, I HAVE RECEIVED DOCUMENTS REGARDING THE IN THIS CASE, COMPENSATION HAS BEEN PAID AS PER RFCTLARR ACT 2013, SHEDULE 1. IS CLEARLY MENTIONED IN THE FINAL AWREDED NOTICE.
BECAUSE HOUSES ARE NOT COMES UNDER MUNICIPALITY ITS COMES UNDER PANCHAYT AUTHORITY.