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2023 (4) TMI 176 - ITAT RAJKOTAddition u/s 68 - unexplained cash credit - no proof/evidence of sale of crops - scrutiny assessment for the reason “Large agricultural income shown in the return and large cash deposit during demonetization period - HELD THAT:- It is not in dispute the assessee’s income from agriculture of Rs. 16,95,356/- as against which the assessee could able to produce sale bills to the extent of Rs. 12,93,117/- as pleaded by the assessee being as aged factor and Senior Citizen is involved in the agriculture activities not by himself but with the help of agricultural labourers, who look after assessee’s agricultural land and carried out agriculture activities on behalf of the assessee. Assessee also produced necessary documents namely Form No. 7/12 and 8A extracts which clearly states the assessee is owner of 96 bighas of agricultural land. For the earlier assessment year 2016-17 AO passed the assessment order u/s. 143(3) accepting the returned agricultural income without making any disallowances. AO has not justified in simply making the addition u/s. 68 - In our considered opinion, the AO has disbelieved the statement of the assessee and the nature of trend in the agriculture sector wherein proper sale records could not be maintained by the small time agriculturist. For all these reasons, the addition made by the A.O. u/s. 68 is not sustainable in law - Decided in favour of assessee.
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