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2023 (5) TMI 873 - AT - Income TaxAddition u/s 69 - agricultural income by the assessee from sale consideration of potato - HELD THAT:- CIT(A) has merely suspected the size of land holding used for cultivation of potato on the basis of joint ownership without rebuttal to the additional evidence admitted on record or contentions raised by the appellant. CIT(A) ought to have brought on record corroborative documentary evidence by way of examining the issue of share of family member’s in the income from the potato cultivation from the agricultural land held in joint ownership. CIT (A) has failed to disprove the claim of the cash flow and agricultural income of the appellant. Thus, CIT(A) has not appreciated the documentary evidences regarding, potato cultivation, computation of agriculture Income and cash flow filed by the appellant in the appellate proceedings before him. In our view, the amount of Rs.34,00,000/- shown as agricultural income by the assessee from sale consideration of potato is quite reasonable considering the size of land holding, calculation sheet, certificate from Horticulture Department etc., as above. Order passed by the Ld. CIT(A) is perverse to the facts on record. Accordingly, the amount u/s 69 confirmed by the CIT(A) is deleted. Decided in favour of assessee.
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