9911796707
TMI Blog2015 (2) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... n of income. Operations u/s. 132 of Income-tax Act, 1961 were conducted on 25.03.2010 in the case of Aditya Hospital. In the light of the said search proceedings notices u/s. 153C were issued on 27.09.2011. In response to the said notice the assessee filed on 25.11.2011 his return of income admitting nil taxable income. He claimed net agricultural income of Rs. 10,57,768 for A.Y. 2004-05 and Rs. 7,41,439 for A.Y. 2005-06. 3. The assessee did not file regular return of income for assessment years under consideration. Operation u/s. 132 was conducted on 25-3-2010 in the case of Aditya Hospitals. In light of the information found relating to the assessee in the course of search proceedings, notices u/s. 153C were issued to the assessee, in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e filed receipts of Agricultural Market Committee, Hyderabad for both the years under consideration. 6. The CIT(A) observed that in the return of income, agricultural Income of Rs. 10,52,768/- and Rs. 7,41,439 for A.Ys. 2004-05 and 2005-06 respectively with a note that the agricultural income is from grape and mango arcade and coconut trees from 22 acres in Maheshwaram Mandal, R.R. District has been furnished by the assessee. The CIT(A) also noted that the assessee did not file any regular return of income but only filed a return u/s. 153C of the Act after there has been a search and seizure operation u/s. 132 in connection with search and seizure operation in Aditya Hospitals, in which the assessee is a partner. The CIT(A) verified the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any reference to the seized material." 9. However, the assessee requested the Bench to permit him to withdraw the above additional ground. Accordingly, this additional ground is dismissed being withdrawn. 10. The learned counsel also filed some additional evidence by way of Paper Book containing copy of statement of agricultural receipts for A.Y. 2004-05 at page 3 and copy of agricultural receipts for A.Y. 2005-06 at page 6 of the Paper Book. The learned counsel argued that the assessee has been carrying on the agricultural operations for maintaining grape and mango orchards and coconut trees and had obtained agricultural income from the A.Y. 2001-02 onwards and gave the particulars as below: Assessment year Gross Agri. Income (Rs.) Agri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultural income has not been doubted by the lower authorities. The CIT(A) also stated that the assessee filed receipts of Agricultural Marketing Committee, Hyderabad for both the years under consideration at para 5 of his order. Additional evidence given by the assessee at page 3 of the Paper Book is reproduced hereunder: Agricultural Receipts for A.Y. 2004-05 S. No. Rt. No. Date Rt. No. Amount (Rs.) 1. 94735 15/3/2004 806 58751 2. 94727 17/3/2004 948 59025 3. 94726 19/3/2004 948 60014 4. 80548 20/3/2004 806 19234 5. 94725 21/3/2004 948 62566 6. 94740 22/3/2004 948 61386 7. 94741 24/3/2004 948 62447 8. 80589 25/3/2004 806 18274 9. 94742 25/3/2004 948 66502 10. 94743 27/3/2004 948 64069 11. 94744 29/3/2004 948 61636 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent assessment year i.e., A.Y. 2005-06 receipts are from April to 30.3.2005. Hence the receipts for both the A.Ys. 2004-05 and 2005-06 have to be taken together and the total income declared by the assessee in the returns for A.Ys. 2004-05 and 2005-06 amounting to Rs. 10,57,768 and Rs. 7,41,439 have been produced. Therefore, we are of the opinion that the assessee has satisfactorily discharged his onus of (1) holding of agricultural land which has been gifted from his mother Dr. Adi Lakshmi, (2) income from the said land from grape and mango orchards and coconut trees which has accrued from the A.Y. 2001-02 and even from an earlier period in hands of his mother and (3) the net agricultural income has been arrived at supported by agricultura ..... X X X X Extracts X X X X X X X X Extracts X X X X
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