9911796707
TMI Blog2015 (8) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... present case is an individual. A search and seizure action under section 132 was conducted at his residential premises on 25.11.2010. Consequently, notices under section 153A were issued by the A.O. on 07.12.2012, in response to which, the returns of income for all the five years under consideration were filed by the assessee on 16.03.2012 declaring his total income as under : A.Y. Total Income Agricultural Income 2007-2008 4,00,000 1,26,000 2008-2009 2,19,560 1,48,500 2009-2010 2,72,820 2,05,200 2010-2011 1,80,334 2,90,520 2011-2012 2,43,360 3,12,540 2.1. In the assessments completed under section 143(3) read with section 153A vide orders dated 25.03.2013, the total income of the assessee was determined by the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should not be revised. In reply, the following explanation was offered by the assessee in writing on 20.03.2015. "A.Y. 2007-08 to 2011-12 : i. The assessee is having agricultural lands to the extent of ac.27.81 which were received from his parents. Hence, these lands are not reflected in the balance sheet. Further, the assessee is mainly an agriculturist and later on he has started civil contracts on small scale. The crops grown in the lands are mainly cotton and Bengal-gram. The assessee admitted the net agricultural income after meeting the expenditure in agricultural operations, as he has not maintained any books in respect of agricultural activities. Further, the A.O. has considered the issue adequately while completing the assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not found acceptable by the Ld. CIT. According to him, the A.O. while passing orders under section 143(3) read with section 153A had neither examined nor made any enquiries in proper perspective on both the issues pointed out by him in the notices issued under section 263 and such non-examination made the orders passed by the A.O. erroneous as well as prejudicial to the interests of the Revenue. Accordingly, the said orders were set aside by the Ld. CIT by exercising the powers conferred upon him under section 263 with a direction to the A.O. to redo the same after making detailed enquiries and investigation on the issues pointed out in the notices issued under section 263. Aggrieved by the Orders of the Ld. CIT, the Revenue has preferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of section 269SS could not be a ground for revision by the Ld. CIT under section 263. He placed on record a copy of the order passed by the Tribunal in the said case and pointed out that while deciding a similar issue in favour of the assessee, the Tribunal has relied on the decision of Hon'ble Calcutta High Court in the case of CIT vs. Linotype & Machinery Ltd., 192 ITR 337 wherein it was held that the Commissioner could not invoke his power under section 263 on the ground that the A.O. did not initiate any penalty proceedings under section 273(a) while making the assessment. 6. The learned D.R. on the other hand, strongly relied on the impugned order passed by the Ld. CIT under section 263 and contended that in the absence of necess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultivating and selling Ground Nuts, Bengal-grams, Sunflower Seeds and Cotton Kappas. Copies of the relevant pass books were also filed by the assessee as proof of agricultural lands owned by him. This enquiry made by the A.O. and reply given by the assessee thereto clearly show that the claim of the assessee for agricultural income as declared in the returns of income for all the five years under consideration was examined by the A.O. after making specific enquiries and after having satisfied himself, the claim of the assessee was allowed by him. In our opinion, there was thus no error in the orders passed by the A.O. under section 143(3) read with section 153A on this issue for all the five years under consideration as alleged by the Ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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