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2014 (12) TMI 1391 - GUJARAT HIGH COURTNature of income - agricultural income or income from other sources - AO had held that the agricultural land owned by the assessee was about 8 acres only and as such the assessee could not have earned huge agricultural income from the sale of vegetables and other agricultural produce - Tribunal directing the AO to accept the agricultural income declared and not to consider any part of the same as income from other sources - HELD THAT:- The Tribunal has observed that out of about 15000 saplings of Eucalyptus trees/Nilgiri trees which were planted in 1982-83, it is quite reasonable to assume that atleast 5000 saplings of Eucalyptus trees/Nilgiri trees will grow into full trees in the year 1990-91 relating to AY 1991-92 which could be cut and sold because as per the certificate issued by the Range Forest Officer no permission is required for cutting and sale of Eucalyptus trees/Nilgiri trees. Tribunal as well as CIT(A) are justified in coming to the conclusion that there is no merit in the appeals filed by the Revenue. The assessee HUG owns fertile agricultural land having irrigation facilities from which agricultural income has been shown and accepted by the revenue in earlier years also and the fact of assessee having been alloted agricultural land and 15000 Eucalyptus trees/Nilgiri trees in the year 1982-83 has been certified by Range Forest Officer. We are in complete agreement with the reasonings adopted and findings of fact arrived at by the lower authorities. Decided in favour of the assessee
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