MY CLIENT RECEIVED COMPENSATION FROM NATIONAL HIGHWAY AUTHORITY FOR COMPULSORY AQUISITION OF AGRICULTURAL LAND. HE ALSO GOT INTEREST ON OMPENSATION AMOUNT. THEN COMPENSATION IS TAX FREE OR EXEMPTED. INTEREST ON COMPENSATION IS TAXABLE. WHAT IS THE EXEMPTIONS FROM INTEREST AMOUNT ?

Reply-  As per provisions of sec 10(37) of the Income tax Act,1961, in the case of an assessee, being an individual or a Hindu undivided family, any income chargeable under the head "Capital gains" arising from the transfer of agricultural land, where—

 (i)  such land is situate in any area referred to in item (a) or item (b) of sub-clause (iii) of clause (14) of section 2;

(ii) such land, during the period of two years immediately preceding the date of transfer, was being used for agricultural purposes by such Hindu undivided family or individual or a parent of his;

(iii) such transfer is by way of compulsory acquisition under any law, or a transfer the consideration for which is determined or approved by the Central Government or the Reserve Bank of India;

(iv) such income has arisen from the compensation or consideration for such transfer received by such assessee on or after the 1st day of April, 2004.

Explanation.—For the purposes of this clause, the expression "compensation or consideration" includes the compensation or consideration enhanced or further enhanced by any court, Tribunal or other authority;

is exempted from tax.

Also, Interest earned under section 28 of Land Acquisition Act, 1894, which is on enhanced compensation, is treated as an accretion to the value and therefore, is part of the enhanced compensation or consideration. Therefore, interest on enhanced compensation under section 28 of Land Acquisition Act, 1894, being an integral part of consideration was exempt from capital gains tax under section 10(37) as held in the case of Satbir & Ors. Vs ITO (ITAT Chandigarh).