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2022 (4) TMI 1315 - AT - Income TaxUnexplained cash credits u/s 68 r.w.s. 115BBE - Assessee submitted it as agricultural income - HELD THAT:- The assessee has given no reason as to why he could not able to produce the basic documents required by the Assessing Officer for allowing the claim of agricultural income by the assessee. It was, in the above circumstances, the learned CIT(A) has held that the agricultural income for the AYs 2014-15 to 2015-16 is around ₹ 4 to 7 lakhs, but during this AY 2016-17 the assessee has shown agricultural income of ₹ 23,90,000/-. The assessee has not explained how this much boom in the agricultural income and nature of crop cultivated by him. In the absence of any details furnished by the assessee, the learned CIT(A) estimated the average agricultural income as ₹ 5.6 lakhs which is reasonably allowable and he accordingly confirmed the remaining ₹ 18.3 lakhs as the unexplained credit under Section 68 of the Act. In the assessee’s case that the assessee is non-cooperative with the Assessing Officer in spite of seven opportunities given to him by the Assessing Officer. The assessee has also not furnished the bills, bank statements even before the learned CIT(A) in spite of enough opportunities given by the learned CIT(A). Further, the present appeal is filed before the Tribunal with a delay of 101 days; so, taking into account the overall lethargic attitude of the assessee, we deem it fit to impose a cost of ₹ 10,000/- on the assessee payable to the Prime Minister’s National Relief Fund within a period of four weeks from the date of receipt of this order. Thereafter, on production of the official receipt, the learned Assessing Officer can entertain the additional evidences placed before the Tribunal and, after affording opportunity to the assessee, the learned Assessing Officer is directed to pass appropriate assessment order in accordance with law. To this extent, this appeal of the assessee is allowed.
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