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Sh. Deep Malhotra, Versus DCIT

2016 (3) TMI 1090 - ITAT CHANDIGARH

Agricultural income - Held that:- The evidence and material on record clearly proved that assessee is owner of 142 acres of land which have been cultivated as per girdavri record produced. The claim of the assessee was not rebutted by the AO in his comments to earn agriculture income. The assessee in the Paper Book have also filed certificate from the buyer showing agriculture produced purchased by them and paying the amount through banking channels which is supported by the bank certificate. Th .....

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land holding held by the assessee, cultivated by the assessee and that sale proceeds of agriculture produce received through banking channels clearly supports the claim of the assessee of earning of the substantial agriculture income therefore, Ld. CIT(A) was not justify in holding that claim of having earned agriculture income cannot be accepted beyond sum of ₹ 10,000/- per acres. Thus we accept the claim of assessee of earning agriculture income @ ₹ 15,000/- per acres as against & .....

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of ₹ 6,97,260/-. - Decided partly in favour of assessee. - Cross Objection Nos. 26 & 27/Chd/2015 (In ITA Nos.659 & 660/Chd/2015) - Dated:- 10-3-2016 - SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. RANO JAIN, ACCOUNTANT MEMBER For the Appellant : Sh. Sudhir Sehgal For the Respondent : Sh. Manoj Mishra ORDER PER BHAVNESH SAINI, J.M. Both these Cross Objections by the assessee are directed against the different orders of Ld. CIT(A)-5, Ludhina dt. 27/03/2015 for Assessment year 2009 10 and 201 .....

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4. In Cross Objection No. 26/Chd/2015, the assessee challenged the order of Ld. CIT(A) in sustaining the addition of ₹ 14,08,200/- on account of agricultural income. 5. The brief facts of the issue are that the assessee claimed agricultural income of ₹ 28,28,260/-. The perusal of the assessment order revealed that the AO has raised the issue of agricultural income disclosed by the assessee at ₹ 28,28,260/-. The assessee was asked to substantiate the claim of agricultural incom .....

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ity was granted to establish the fact of earning of agriculture income. The assessee owned / cultivated about 142 acres of agriculture land and has earned the agriculture income there from. The details alongwith evidence of holding of agriculture lands and earning of agriculture income were filed. The accounts of the assessee are duly audited and the agriculture income of ₹ 28,28,260/- has been credited in the capital account. All the receipts of the agriculture income credited in capital .....

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have been granted by the AO before treating the agriculture income to be income from other source and that necessary evidences now filed in the form of jamabandi and girdavri shows ownership and cultivation of land by the assessee supported by receipts on account of sales through banking channels, forwarded all the documentary evidences to the AO for filing remand report / comments and the AO submitted that assessee has failed to furnish these details before AO at assessment stage however, same .....

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ransfer of amount from the bank account of Keshav Trading Co., Kanodia Enterprises & Ramesh Chand Keshav Kumar. The land of the assessee were found to be located in Bikaner (Rajasthan) and the registered deed shows that the land is capable of giving only one crop depends upon seasonal rain. Therefore the income of the assessee could be limited as compared to the lands available in Punjab & Haryana. The Ld. CIT(A) found that the claim of assessee that land being cultivated on Hissedari ha .....

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rom other source. 7. The appeal was thus allowed partly . 8. On consideration of the rival submissions and material on record, we are of the view that addition is still on excessive side. The evidence and material on record clearly proved that assessee is owner of 142 acres of land which have been cultivated as per girdavri record produced. The claim of the assessee was not rebutted by the AO in his comments to earn agriculture income. The assesee in the Paper Book have also filed certificate fr .....

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Ld. CIT(A) was justified in holding that entire claim of agriculture income cannot be accepted. However, the materials on record and the huge land holding held by the assessee, cultivated by the assessee and that sale proceeds of agriculture produce received through banking channels clearly supports the claim of the assessee of earning of the substantial agriculture income therefore, Ld. CIT(A) was not justify in holding that claim of having earned agriculture income cannot be accepted beyond su .....

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