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2016 (5) TMI 1299 - AT - Income TaxTreating the agricultural income as income from other sources - Held that:- The land is irrigated with the irrigation facilities and is situated in Raikot, Ludhiana. The land was being irrigated by the assessee through local labour employed. The crop is being recorded by the Local Patwari which the AO could have verified by issuing summons. No doubt the assessee were not having any direct evidence of the sale of the agricultural produce but the extent of land itself suggest that the assessee earned agricultural income from the said land, doing so, when the evidence of the ownership of the land was accepted there cannot be any dispute or doubt about the agricultural income from the said land. There is three corps in the entire one year period and accordingly, income has to be estimated. The assessee claimed that one crop gives income of roughly at ₹ 5 lac and for three crop it becomes ₹ 15 lac. The assessee claimed that it has rightly declared agricultural income at ₹ 15,40,370/-. We are of the view that this is excessive agriculture income declared by the assessee. But, the agriculture income cannot be taken at nil. In view of the fact that the assessee is holding agriculture land of five acres in Punjab, the income of the entire year can be estimated at ₹ 10 lac. The balance will be treated as income from other sources. We order accordingly. - Decided partly in favour of assessee.
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