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Mohd. Zubair Siddiqui and Sheikh Mohd. Tariq Lucknow Versus Dy. CIT, Range 6, Lucknow

2016 (2) TMI 515 - ITAT LUCKNOW

Unexplained deposits in the bank account - AO treated it as income from other sources - contention of the assessees that the deposits are agricultural income rejected - Held that:- Keeping in view the past history of the assessee, in which agricultural income from Mango Orchard was accepted by the Revenue, we are of the view that in this year the agricultural income declared by the assessee at ₹ 24,70,800/- should be accepted, but they are required to explain the excess deposit in the join .....

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BER AND SHRI. A. K. GARODIA, ACCOUNTANT MEMBER For The Appellant by: Shri. Yogesh Agarwal, Advocate For The Respondent by: Shri. Amit Nigam, D.R. ORDER PER SUNIL KUMAR YADAV: These appeals are preferred by the assessees against the respective orders of the ld. CIT(A). 2. Since common issue is involved in these appeals, these were heard together and are being disposed of through this consolidated order. The common issue raised in these appeals relates to the addition made by the Assessing Officer .....

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h Mohd. Tariq, the other assessee, has declared his total income at ₹ 14,03,730/- and agricultural income at ₹ 24,70,800/-. During the course of assessment proceedings, the Assessing Officer has noted that a sum of ₹ 69,26,600/- was deposited in cash in the joint account of both the assessees with Bank of Baroda and Punjab National Bank. The total cash deposits amounting to ₹ 45,26,600/- was made in Bank of Baroda and ₹ 24 lakhs was made in Punjab National Bank. The .....

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on the auction of Mango Orchard is false and he accordingly treated the entire deposit as income from other sources and made addition of half of the amount i.e. ₹ 34,63,300/- each in the hands of both the assessees. 4. These additions are challenged by the assessees before the ld. CIT(A) with the submission that the assessee has furnished detailed evidence of Orchard holdings, but the same was not appreciated by the Assessing Officer. He has also placed reliance upon the order of the Trib .....

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in appeal before the Tribunal with the submission that the Revenue has not disputed the certified copies of khasra & khatauni of agricultural holdings/orchard holdings in the name of the assessees. The Tribunal has examined all these aspects in the assessee s own case in assessment year 2010-11 and has come to a conclusion that wherever assessee owns orchard farms, there should be some agricultural income from these Mango Orchard. In that year, the ld. CIT(A) has called Expert s Report from .....

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s contended that the impugned issue is not covered by the order of the Tribunal in the case of the assessee, as in that assessment year the Assessing Officer has not made enquiries from the bidders, but in this case the Assessing Officer has made detailed enquiry from the bidders and in their statement the bidders did not explain the source of auction money. Therefore, the Assessing Officer has rightly doubted the genuineness of the transaction of auction and treated the entire deposit as income .....

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nce it is held that the assessee owns Mango Orchard, agricultural income is bound to be earned. In that assessment year, the ld. CIT(A) has called report from the Tehsildar, Malhabad, Lucknow and Udyan Adhikari, Lucknow with regard to the production of Mango from Orchard farm and taking into account the size of the Orchard farm, the ld. CIT(A) has estimated the agricultural income from Mango Orchard which was accepted by the Tribunal. A copy of the order of the Tribunal is placed on record and f .....

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ying the ownership of the Orchards by the assessee. Once the assessee is held to be the owner of the Orchards, there has to be some agricultural income earned therefrom. It is also evident from the record that before the Assessing Officer assessee has filed details of the persons who got contract of these Orchards in auction. It is also evident from the record that this cash was deposited in the joint bank account of the assessee and his brother, but the Assessing Officer has treated the entire .....

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f the return of his mother in order to establish that the mother was expired during the year and agricultural income earned by her was also deposited in the same accounts of the assessee, as they are the inheritors of their mother. It is also noticed that the assessee has filed written submission before the ld. CIT(A) on which remand report was called by the ld. CIT(A) and thereafter on the remand report comments were also sought from the assessee. The ld. CIT(A), while adjudicating the issue, h .....

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ndent enquiry was also conducted in respect of receipt from the agriculture produces by the then Assessing Officer through an Inspector. Having taken note of all these facts, the ld. CIT(A) has deleted the addition. During the course of hearing, the ld. D.R. has simply placed reliance upon the order of the Assessing Officer and no defect was pointed out in the order of the ld. CIT(A). We, however, have carefully examined the order of the ld. CIT(A) and we find that the ld. CIT(A) has adjudicated .....

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int account, which were treated to be the income from other sources in the hands of the assessee. In that assessment year, the other brother, Sheik Mohd. Tariq has not claimed any agricultural income in his hand. Even mother of the assessees, who also own some Mango Orchard, had not claimed agricultural income in her hands. Keeping in view the totality of the facts, the Tribunal has taken a view that since the entire deposits are out of agricultural income, no addition was called for. But in the .....

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