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2015 (6) TMI 127 - AT - Income TaxAgricultural income - income received from undisclosed sources - Held that:- It is alleged that the assessee could not produce before the AO any details and evidences to substantiate that the expenses such as seeds, khad and water etc. were incurred for cultivation. The assessee also did not furnish the details of the crops grown and the details of sales. She simply stated that an agreement was entered with Shri Jai Prakash wherein it was mentioned that he will grow vegetables and will incur all the expenses. In the present case, no doubt the assessee furnished a certificate dated 20.08.2010 from the tehsilpatwari wherein it is stated that on the agricultural land vegetables were grown for the last few years. However, neither the details of crops were given nor it is mentioned that who is the owner of the land and in which year which type of vegetables/crops were grown by whom. The assessee also did not furnish copy of the Jamabandi. However, the ld. CIT(A) accepted the claim of the assessee. It is well settled that the powers of the ld. CIT(A) and the AO are co-terminus but in the present case, it appears that the ld. CIT(A) failed to discharge the duty to perform those function which ought to have been but not done by the AO, and simply on this basis that the AO did not examine the cultivator or the tehsilpatwari, he directed the AO to treat the impugned income as agricultural income. Thus set aside this issue back to the file of the AO to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assesse - Decided in favour of revenue for statistical purposes. Share trading - Short term capital gain v/s income from other sources - Held that:- In the present case, it appears that the ld. CIT(A) had not given cogent reason while accepting the claim of the assessee. He simply stated that the AO did not ask the assessee to bring the broker and that the assessee had furnished documents relating to transaction of shares. On the contrary, the AO categorically stated that the assessee was asked to furnish copy of D-mat account, details of share holding, details of Short Term Capital Gains with confirmed ledger account from brokers in respect of share trading. The AO clearly mentioned at page no. 6 of the assessment order that the assessee failed to furnish contract note, delivery/transfer of shares in D-mat account or any supporting evidence which could prove that shares were transferred in D-mat account of the assessee and that simply filing of ledger account/bills of broker did not prove that delivery of shares was made. On the said observations of the AO, the ld. CIT(A) is silent and had not discussed how the assessee overcome those shortcoming which were specifically pointed out by the AO. Thus remand this issue back to the file of the AO to be adjudicated afresh - Decided in favour of revenue for statistical purposes.
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