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Vijay H. Jaiswal: Prop M/s Three Circles Versus ACIT, 21 (2) , Mumbai

2016 (4) TMI 1012 - ITAT MUMBAI

Agricultural income as defined u/s 2(1A ) - CIT(A) denied agricultural income - Held that:- We are of the considered view that since the assessee has failed to furnish any details in respect of expenses incurred, agricultural produce taken, labour employed etc., and in this respect no evidence was furnished by the assessee before the assessing officer. Not only, this the assessee has also not been able to produce any document in order to show that there was any agricultural produce taken from su .....

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the return of income cannot be treated as agricultural income as defined u/s 2(1A ) of the Act. Even before us no details have been furnished by the ld. AR, therefore we see no reasons to deviate from or interfere in the findings recorded by the CIT(A). - Decided against assessee.

Interest on delayed payment of TDS - allowance u/s 37 - Held that:- Amount was paid as interest on payment of TDS which was beyond due date and hence, the said payment was penal in nature and therefore the .....

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only. - I.T.A. No. 2617/Mum/2014 - Dated:- 16-3-2016 - SHRI JASON P BOAZ, AM AND SHRI SANDEEP GOSAIN, JM For The Appellant : Shri Nishit Gandhi For The Respondent : Shri Lovish Kumar ORDER Per Sandeep Gosain, J. M.: The Present Appeal has been filed by the Assessee against the order of Commissioner of Income Tax (Appeals)- 32, dated 06.02.2014 for A.Y. 2010-11 on the following grounds of appeal. 1. Looking to the facts and circumstances of the case and in law the learned Comm. Of Income Tax (App .....

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allowable as business expenditure under the very said provisions of section 37(1) of the I.T. Act 1961and 3. Looking to the facts and circumstances of the case and in law the learned Comm. Of Income Tax (Appeals) erred in Confirming the A.O s action of disallowing an adhoc amount of ₹ 1,00,000/- out of Labour Charges on the ground of absence of complete details, control over the workers and that the payments are not fully vouched for in spite of the fact that the work is carried out throug .....

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12.2012 thereby making additions in the total income of the assessee. 3. Aggrieved by the order of assessment, the assessee filed the appeal before the Commissioner of income tax i.e CIT (A) however, the CIT(A) after considering the case of the assessee had dismissed the appeal and uphold the order of assessing officer. 4. Aggrieved by the order of Commissioner of income tax, the assessee filed the present appeal before us on the grounds mentioned herein above. Ground No. 1 5. Ld. AR representin .....

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n earned from agricultural activities therefore the same ought to have been treated as agricultural income. On the other hand, ld. DR relied upon the orders passed by the revenue authorities. 6. We have heard the counsels for both the parties and we have also perused the material placed on record as well as the orders passed by the revenue authorities. We noticed that this ground has been dealt with by ld. CIT(A) in para 3.4 which is reproduced as under: I have considered facts of the case, oral .....

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atsoever could be furnished by the appellant. ii. The appellant also has not been able to produce any document in respect of the fact that there was any agriculture produce taken from such agricultural land and therefore, could not establish that there was any generation of income there from. iii. The appellant s explanation that income was generated by harvesting yield like natural grass or allowing seasonal farmer cum watchman to cultivate lands in shares is an assertion without any supporting .....

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es we are of the considered view that since the assessee has failed to furnish any details in respect of expenses incurred, agricultural produce taken, labour employed etc., and in this respect no evidence was furnished by the assessee before the assessing officer. Not only, this the assessee has also not been able to produce any document in order to show that there was any agricultural produce taken from such agricultural land and therefore the assessee could not establish that there was any ge .....

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he Act. Even before us no details have been furnished by the ld. AR, therefore we see no reasons to deviate from or interfere in the findings recorded by the CIT(A). Hence, this ground taken by the assessee is dismissed. Ground No.2 7. Ld. AR submitted that a sum of ₹ 3,268/- was paid on account of interest on delayed payment of TDS and it was submitted that since the amount was paid as interest on the delayed payment of TDS therefore the same is allowable as per provisions of section 37(1 .....

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of section 37(1) of the Act. We find support from the decision of co-ordinate bench of ITAT (Ahmedabad) in ITA No. 1363/Ahd/2010. The decision of co-ordinate bench is based on the decision rendered by the Hon ble Supreme Court in case of Bharat Commerce & Industries vs. CIT 230 ITR 733 (SC) wherein similar issue was involved and it was held that interest for late payment of direct taxes is not deductible. Therefore, following the principles of consistency and respectfully following the judg .....

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