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2011 (8) TMI 302 - AT - Income TaxAgriculture income - sale of green tea leaves - revenue alleges that the assessee has not done the basic operation of the cultivating the tea bushes - Held that:- the activity of the assessee in growing tea and sale of green tea leaves is an agricultural activity irrespective of the fact whether it is carried on leased land or self-owned land. Since no part of the expenses as disclosed by the assessee or other details have been disputed by the Assessing Officer, therefore, while reversing the orders of authorities below, we direct the Assessing Officer to accept the declared net income on account of sale of green tea leaves (after deducting expenses as shown) as income from agriculture. Levying interest u/s 234B - the Assessing Officer is directed to charge 234B interest on finally assessed income on giving effect to this order of the Tribunal. Payments to PF and ESI contribution - Clause (va) of sub-section (1) of section 36 of the Income-tax Act, 1961, makes clear that the amounts actually paid by the assessee on or before the due date for filing the return under section 139 are allowable deductions - Decided in favour of assessee.
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