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2013 (6) TMI 192 - HC - Income TaxAssessment of Agricultural income - AO has estimated the agriculture income at Rs.50,000/- and the remaining amount of Rs.1,70,000/- as income from undisclosed sources as no evidence was produced - Held that:- As it appears that on 16.11.1992, a certificate of the Tehsildar was issued, which is not relevant for the assessment year under consideration i.e. 1997-98. Further, the assessee should maintain the accounts pertaining to entire agriculture activity which was not adhered by assessee. The addition was restricted on the basis of estimationwhich is a question of facts as per Sudarshan Silks vs. CIT ( 2008 (4) TMI 5 - Supreme Court). Income derived from the house property as rent - A.L.V. i.e. rental income - assessee is the owner of two residential units. Allahabad property is jointly owned by one Smt. Ansuya Devi as per the Court Decree. A.L.V. was considered at Rs.90,000/-. 1/5th was deducted for the house repair etc. Thus, the A.L.V. comes at Rs.72,000/-. Being 50% owner, it comes to Rs.36,000/-. Regarding Lucknow property, the A.L.V. @ 9,000/- per month which comes to Rs.1,18,800/-. 1/5th repair was deducted i.e. Rs.23,760/-. Thus, the net rental income for Lucknow property comes to Rs.95,040/- - deduction u/s 23(1) denied for both the properties as the properties were less than 5 years old - Held that:- The assessee could not substantiate her claim by producing any documentary evidence pertaining to co-ownership for the Lucknow property. So, the entire income from this property was rightly assessed in the hands of the assessee. Moreover, in the absence of documents, A.L.V. is to be estimated and the same is the question of facts. No question of law emerges from the impugned order.
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