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2012 (10) TMI 669 - ITAT INDOREUnaccounted agriculture income - sales to be accounted in the hands of AOP or partners of the assessee firm ? - CIT(A) deleted the addition - Held that:- The undisputed fact is that the members of the so called AOP (M/s NF Farms) and the partners of the assessee firm are the same persons. There is a categorical finding in the assessment order that the agricultural income of Rs.86,30,344/- is practically not possible to be grown out of 17.64 acres of land. The claim of AOP and also of the assessee is that the agricultural produce (babycorn) were sold to hotels, restaurants and dhabas. However, no evidence in any manner of such sale was produced at any stage as nothing prevented the assessee to produce the proof of such sales at any stage as it is not the case that cash sale was made to the passerby or the persons who are going here and there on the roads rather the sale was made to hotels, restaurants and dhabas. Though CIT(A) agreed with view of the AO that the source of loan from M/s NF Farms is not genuine, however, deleted the addition by opining that the addition, if any, can be made in the hands of the AOP which is not possible as the ultimate beneficiaries of this colourable device is the assessee itself as the members of the AOP and the partners of the assessee firm are the same persons. Thus remand this appeal to the file of the AO to examine the respective claims of AOP and also of the assessee - in favour of revenue for statistical purposes.
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