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2016 (6) TMI 85 - AT - Income TaxAddition on unexplained cash credit under section 68 - Held that:- additional evidences are admitted at this stage, therefore, the issue on the merits shall have to be decided afresh by the Assessing Officer because Assessing Officer did not have any opportunity to consider these additional evidences on the merits. We, accordingly, set aside the orders of the authorities below and restore this issue of addition of ₹ 35 lakhs under section 68 of the Act to the file of the Assessing Officer with direction to re-decide the issue of addition of ₹ 35 lakhs on account of unexplained credit in the light of the additional evidences admitted above, with direction to the assessee to produce copies of these additional evidences before the Assessing Officer for final determination of the issue on the merits. The Assessing Officer shall give reasonable sufficient opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes. Addition of agriculture income - Held that:- The assessee filed the original return of income under section 139 of the Act on October 10, 2008, declaring the agriculture income of ₹ 58,384 and shown the total income at ₹ 14,43,163. The same total income was declared in the return filed under section 153A of the Act on September 5, 2012. The assessee failed to explain how the assessee could have substituted the agricultural income in return filed under section 153A of the Act by increasing the agriculture income. It is an afterthought story created by the assessee after search is conducted in the case of the assessee. The agriculture income declared by assessee now have not been supported by any evidence or material on record and no plausible explanation have been filed why additional agriculture income of ₹ 5,50,000 was not shown in the return of income filed under section 139 of the Act. The assessee never filed any revised return to claim higher agriculture income under section 139 of the Act. Therefore, considering totality of the facts and circumstances, we do not find any merit in this ground of appeal of the assessee. The same is accordingly dismissed. - Decided against assessee
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