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2017 (12) TMI 352 - AT - Income TaxAddition of agricultural income - ownership of the land - Held that:- We find merit in the argument advanced by the ld. counsel for the assessee that in the light of Rule of consistently alone the agricultural income declared by the assessee should be accepted. Although, the principle of res-judicata do not apply to the income-tax proceedings, however, since the agricultural income declared by the assessee in the preceding and succeeding year has been accepted by the Revenue, although under section 143(1) proceedings, and since none of the assessments have been reopened, therefore, following the Rule of consistency, it is of the considered opinion that the agricultural income declared by the assessee should not have been rejected. Therefore, set-aside the order of the CIT(A) and direct the Assessing Officer to accept the agricultural income. Addition u/s 68 as a Gift from husband as unexplained - Held that:- As per the assessee that the gift deed has been duly executed by the husband of the assessee on 08.07.2010. From the various details furnished by the assessee, I find the gift has been received by the assessee during the period from 01.04.2010 to 08.07.2010. I find the assessee before the Assessing Officer had given the PAN and confirmation of the donor and copy of the income-tax return during the assessment proceedings. It was given out of the cash balance with her husband. Since out of ₹ 4,25,000/- cash gift, the Assessing Officer has already accepted ₹ 2,75,000/- as explained therefore, find no reason to disbelieve the capacity of her husband to the balance amount of ₹ 1,50,000/- received as cash gift. The ground raised by the assessee is accordingly allowed. Addition of sale of future standing crops - Held that:- As the assessee could not file any evidence to prove the capacity of the person who advanced the huge amount. Considering the totality of the facts of the case and in the interest of justice, deem it proper to restore the issue to the file of the Assessing Officer with a direction to give one more opportunity to the assessee to substantiate with evidence to his satisfaction regarding the identity and capacity of the person to give such huge cash advance and genuineness of the transaction.
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