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2016 (4) TMI 1012 - AT - Income TaxAgricultural income as defined u/s 2(1A ) - CIT(A) denied agricultural income - Held that:- We are of the considered view that since the assessee has failed to furnish any details in respect of expenses incurred, agricultural produce taken, labour employed etc., and in this respect no evidence was furnished by the assessee before the assessing officer. Not only, this the assessee has also not been able to produce any document in order to show that there was any agricultural produce taken from such agricultural land and therefore the assessee could not establish that there was any generation of income there from. The only explanation put forth by the assesee is that the income was generated by harvesting yield like natural grass or allowing seasonal farmer cum workmen to cultivate lands in shares. The said explanation itself is not sufficient enough, therefore the ld. CIT(A) after considering the plea taken by the assessee has rightly held that the income so disclosed by the assessee in the return of income cannot be treated as agricultural income as defined u/s 2(1A ) of the Act. Even before us no details have been furnished by the ld. AR, therefore we see no reasons to deviate from or interfere in the findings recorded by the CIT(A). - Decided against assessee. Interest on delayed payment of TDS - allowance u/s 37 - Held that:- Amount was paid as interest on payment of TDS which was beyond due date and hence, the said payment was penal in nature and therefore the same is not allowable as per the provision of section 37(1) of the Act Disallowance of wages to labourers, miscellaneous expenses etc. - Held that:- Keeping in mind the nature of the business i.e. Civil Contractor, we are of the opinion that it would be just and fair to disallowed an amount of ₹ 50,000/- in place of 1,00,000/- as disallowed by the AO for want of verification and therefore, the AO is directed to re-compute the income after making disallowance of ₹ 50,000/- only.
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