Tax exemption under land acquired under rfctlarr

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Please refer to the attach circular regarding tax exemption on land aquisition under RFCTLARR act . 

Please calrify weather :- 

1. Non agricultural land aquired unde the act will be exempted or not.

2. Weather the exxemption is for individual, HUF ONLY . If the land is owned by Private limited company and is aquired under the Land Aquistion act weather tax exemption is applicable to them or not .

 


Attached File : 2078271 20170812133943 cbdt circular 36 2016 dt 25 oct 2016 compulsory acquisition of non agricultural land tax free under new land acquisition act cbdt clarification.pdf downloaded: 325 times
Replies (4)

1. Yes.

2. Only for Individual & HUF.

Individual and Huf reference is to sec 10 ( 37 ) of income tax act . But under RFTCLARR ACT any Aquisition is exempted from income tax . Further the circular specify that though reference is not made in act but under RFTCLARR any Aquisition is exempted . So it must be appicable to all entity individual Huf and companies

As per clarification issued from CBDT, Sec 96 of RFCTLARR ACT, Income Tax shall not be levied on any award or agreement made (except those made under sec. 46) under RFCTLARR ACT. So its a separte from income tax act.

 Hence it is applicable on all the entity as per income tax act.

if trust land acquired by NHAI 

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