TMI Blog2017 (12) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the agricultural income declared by the assessee should not have been rejected. Therefore, set-aside the order of the CIT(A) and direct the Assessing Officer to accept the agricultural income. Addition u/s 68 as a Gift from husband as unexplained - Held that:- As per the assessee that the gift deed has been duly executed by the husband of the assessee on 08.07.2010. From the various details furnished by the assessee, I find the gift has been received by the assessee during the period from 01.04.2010 to 08.07.2010. I find the assessee before the Assessing Officer had given the PAN and confirmation of the donor and copy of the income-tax return during the assessment proceedings. It was given out of the cash balance with her husband. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd No.2 by the assessee reads as under :- 2. Whether the ld. CIT(A) was justified by upholding the order of AO on the addition of ₹ 332853/- as agricultural income is taxable without appreciating evidence i.e. the ownership of the land, details of kharna and khatoni, details of crop, sale bills are already on the record and moreover the agricultural income on the same land has been assessed regularly as exempt income in the last so many years. 5. Facts of the case, in brief, are that the assessee is an individual and filed her return of income on 30.07.2011 declaring net income of ₹ 4,60,950/-. During the course of assessment proceedings, the Assessing Officer observed that the assessee has shown agricultural income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be readily available with the assessee. Since the assessee failed to substantiate with evidence to his satisfaction, he upheld the action of the Assessing Officer tracking the agricultural income as income from other sources. 7. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 8. Ld. counsel for the assessee referring to various pages of the Paper Book submitted that the assessee is showing agricultural income continuously. For assessment year 2010-11, the assessee had shown agricultural income of ₹ 3,26,326 (page 14 and 20). Similarly, for assessment year 2012-13 it has been shown at ₹ 3,80,844/- as per Paper Book page 22. For assessment year 2013-14, the same has been shown at S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he requisite details which has been upheld by the ld. CIT(A). From the various details furnished by the assessee in the Paper Book I find that the assessee in assessment year 2010- 11 has shown agricultural income of ₹ 3,26,326/-, copy of which is placed at page 20 of the Paper Book. Similarly, for assessment year 2012-13, the assessee has shown agricultural income of ₹ 3,80,844/-, copy of which is placed at page 22 of Paper Book. For assessment year 2013-014, the assessee had shown agricultural income of ₹ 4,10,530/-, copy of which is placed at page 24 of the Paper Book. Similarly, for assessment year 2014-15, assessee has shown agricultural income of ₹ 4,20,368/-, copy of which is placed at page 26 of Paper Book. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before the Tribunal. 13. I find from the Paper Book filed by the assessee that the gift deed has been duly executed by the husband of the assessee on 08.07.2010. From the various details furnished by the assessee, I find the gift has been received by the assessee during the period from 01.04.2010 to 08.07.2010. I find the assessee before the Assessing Officer had given the PAN and confirmation of the donor and copy of the income-tax return during the assessment proceedings. It was given out of the cash balance with her husband. Since out of ₹ 4,25,000/- cash gift, the Assessing Officer has already accepted ₹ 2,75,000/- as explained therefore, I find no reason to disbelieve the capacity of her husband to the balance am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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