Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

M/s Kendanamane Estate Versus The State Of Karnataka

2016 (2) TMI 409 - KARNATAKA HIGH COURT

Addition on account of coffee income and pepper income - Held that:- It is clear that the assessee owns 84.12 acres of coffee in Belagodu area of Sakaleshpur Taluk, Hassan District. The Assessing Officer taking into consideration the climatic conditions and the season coupled with the average yield of the previous three seasons in an area of 84.12 acres in a zone known for high coffee yield, determined the income from coffee. It is also noticed by the Assessing Officer that the assessee actually .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Assessing Officer is confirmed by the First Appellate Authority and the Tribunal after extensively considering the arguments of the assessee in the light of the Judgments relied on by the assessee.

As regards the estimate of income from Pepper, it has come to the notice of the Assessing Officer only during his visit to the estate of the appellant on 19.11.2008. Though subsequent to the crop year, presence of the yielding Pepper Vines numbering 2000, is not disputed by the assessee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Officer was assisted by the Managing Partner of the assessees at the time of his visit to the estate and gathered information regarding the yielding Pepper Vines and it is only thereafter, determined that 20% of the Pepper Vines would be given allowance as being affected by yellow disease and arrived at ₹ 5,60,000/- estimating 5 kgs to each vine and valued the same at ₹ 70/- per kg i.e., 1600 Pepper Vines out of 2000. The said assessment in our opinion is reasonable, based on the inf .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t itself would not be suffice to accept the claim of the assessee regarding the yield of coffee unless the corresponding expenditure towards the labour and other expenses are shown in the account books to substantiate the yield declared. Decision rendered on the factual matrix by the fact finding authorities cannot be disturbed at this stage. - Decided against assessee - CRP No.189/2012 - Dated:- 25-1-2016 - NK PATIL & S SUJATHA, JJ For the Petitioner : : Sri. S.P. Bhat, Adv. For the Respond .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Officer after issuing notice and hearing the assessee, made addition of ₹ 7,71,000/- to the coffee income and estimated ₹ 5,60,000/- towards pepper income, though pepper income was not declared by the assessee in the returns. Aggrieved by the same, the assessee preferred an appeal before the First Appellate Authority interalia raising other grounds pertaining to the relevant assessment year. The Appellate Authority allowed the appeal in part however, confirmed the addition made by t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion Petition by the assessee. 3. The petitioner/assessee has raised the following substantial question of law: "Whether on the facts and circumstances of the case, the Tribunal is justified in sustaining the addition of ₹ 7,71,090/- made on account of coffee income by the officer and an addition of ₹ 5,60,000/- made on account of pepper income?" 4. Learned counsel Sri S.P.Bhat appearing for the appellant would contend that the assessee had maintained EB-2 register which is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ly, the cash book is not acceptable for the reason that EB-2 register disclosed the yield of the coffee raised in the relevant assessment year and the cash book would in no way be relevant for determining the yield of coffee, utmost, it may give the estimation towards the expenditure incurred by the assessee. 5. Further, it is contended that the Pepper Vines were not ready for yielding during the relevant Assessment year. The Assessing Officer determining the yield of Pepper Vines after visiting .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on assumptions and surmises. Accordingly, he seeks to answer the substantial questions of law raised, in favour of the assessee and against the respondent. In support of his contention, learned counsel placed reliance on the following Judgments: (1) B F VARGHESE vs STATE OF KERALA (1969(72) ITR 726 (2) STATE OF KARNATAKA vs M/S V N S CHIDAMBARAM (CRP No.1383/04 disposed off on 04.01.2005) 7. On the other hand, Sri T K Veda Murthy, learned Government Pleader appearing for the revenue justifies t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

yield by the Assessing Officer. The EB-2 register has no sanctity as it used to, when the Indian Coffee Act was in force. The Books of accounts as prescribed under Rule 9-A of the Rules are required to be maintained to prove the coffee yield during the relevant year. No material evidence was placed by the assessee to substantiate the yield declared by the assessee. In the absence of such material evidence, the Assessing Officer taking into account the average yield of the previous three seasons, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ses, has given allowance to the extent of 20% of the Pepper Vines as being affected by yellow disease and estimated the income from Pepper Vines at ₹ 5,60,000/-. This estimation is made by the Assessing Officer only after ascertaining the relevant facts from the Managing Partner of the assessee and is not a guess work. As such, he seeks to dismiss the appeal and to confirm the orders passed by the Tribunal answering the substantial questions of law in favour of the revenue and against the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rn was filed by the assessee declaring the coffee at ₹ 39,99,435/-. The average yield of the previous three seasons as noticed by the Assessing Officer works out to 46,565 kgs but appellant has declared only 32800/- kgs during the relevant assessment year. The Assessing Officer taking into consideration the climatic conditions and the season coupled with the average yield of the previous three seasons in an area of 84.12 acres in a zone known for high coffee yield, determined the income fr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

77; 32,79,536/- declared by the assessee. This best judgment assessment made by the Assessing Officer is confirmed by the First Appellate Authority and the Tribunal after extensively considering the arguments of the assessee in the light of the Judgments relied on by the assessee. 10. As regards the estimate of income from Pepper, it has come to the notice of the Assessing Officer only during his visit to the estate of the appellant on 19.11.2008. Though subsequent to the crop year, presence of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rs passed by the authorities. It is pertinent to note that the Assessing Officer was assisted by the Managing Partner of the assessees at the time of his visit to the estate and gathered information regarding the yielding Pepper Vines and it is only thereafter, determined that 20% of the Pepper Vines would be given allowance as being affected by yellow disease and arrived at ₹ 5,60,000/- estimating 5 kgs to each vine and valued the same at ₹ 70/- per kg i.e., 1600 Pepper Vines out of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version