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TMI Blog2012 (8) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... as under:- 2. The Ld CIT(A) has erred in law and on facts in restricting the addition out of AGRICULTURE INCOME as Non Agriculture Income to the extent of ₹ 60,000/- despite submission of complete details and evidences of Agriculture Income and Expenses. 3.1 Facts in brief as emerged from the corresponding assessment order passed u/s.143(3) of the I.T.Act dated 27/12/2006 were that the assesseeindividual has shown salary income and agricultural income. It was noted by the Assessing Officer that net agricultural income of ₹ 2,26,888/- was disclosed by the assessee. The assessee has informed that he cultivated agricultural product on the agricultural land owned by him. A sum of ₹ 14,572/- was spent on fertilizer and a sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the AO to justify his claim that the land was cultivated by those labourers and that the two labours who had made affidavit did not appear before the AO nor those affidavits contained their addresses. Nevertheless it is not in dispute that the appellant has been earning such income and that the same has been accepted by the department as true save and except the quantum of such income. Further during the year under consideration the AO has also accepted the income at ₹ 72000/-. Thus what is in dispute is only the quantum of income. Considering the fact that in the preceding previous year also the appellant had shown to have earned gross income of ₹ 257598/- against which the expenses were claimed at ₹ 189661/- where as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue Department. From the side of the Revenue, ld.Sr.DR Mr.Phagu Oram has placed reliance on the order of the Assessing Officer. Having heard the submissions of both the sides, we are of the considered view that both the lower authorities have decided this issue merely applying an estimated ratio of expense to arrive at the net figure of agricultural income. On the other hand, assessee's vehement contention is that considering the area of the agricultural holding, the total net agricultural income disclosed was very much reasonable rather on lower side. Since the assessee has placed on record, the crop-wise production and the amount received to Corroborate his claim with due support of other evidences as placed on page 65 of the compi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt, balance-sheet, etc. were filed in the compilation. Above all, we have been informed that the said loan amount had in fact, been re-paid to her through A/c.payee cheques in the month of March- 2005 by the assessee. In support of this contention, a photocopy of bank account of U.B.O.I. (SB/56306) has been placed in the compilation through which it was demonstrated that three cheques respectively ₹ 95,000 + ₹ 40,000 + ₹ 80,000 were issued in favour of the Smt.Chandrakanta Devi. Under the totality of the facts and circumstances of the case and considering the contents of the affidavit through which she has demonstrated her identity and capacity, we hereby hold that the impugned loan amount do not fall within the ambits of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uery raised by the Bench, the details of the said Demand draft or the mode of re-payment could not be explained. Rather, for this limited purpose, it was pleaded that the matter can be referred to Assessing Officer for necessary verification. We hold accordingly and direct the assessee to furnish the requisite detail about the re-payment of impugned loan of ₹ 7 lacs to the Assessing Officer and if found to be satisfactory, then the impugned addition deserves to be deleted. This ground may be treated as allowed but for statistical purposes. 12. Ground No.5 reads a sunder:- 5. The Ld.CIT(A) has erred in law and on facts in not accepting the WITHDRAWALS made by the appellant for HH Expenses as sufficient and confirming the addition of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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