9911796707
TMI Blog2019 (5) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... framed by ACIT, Khandwa. 2. As the issues raised in this two appeals are common, therefore these were heard together and are being disposed off by this common order for sake of convenience and brevity. 3. Assessee has raised following grounds of appeals; (i) Shri Satinder Singh Khandpure ITA No.463/Ind/2017 Assessment Year 2013-14 1- The learned CIT (Appeals) has erred in confirming the additions made by the learned Assessing Officer who has assessed total income of Rs. 63,86,894/ - and Agriculture Income of Rs. 8,29,346/- against returned income of Rs. 49,37,640/ - and agriculture income Rs. 22,78,600/ -, which is wrong illegal and unwarranted. 2- The learned CIT(Appeals) has erred in confirming the reduction in Agriculture In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the two assessee's being 1/3rd share. Disallowance has been made out of the agriculture income by treating some portion as Income from other sources. 5. For the purpose of adjudication we will t take up the facts of Shri Satinder Singh Khandpure ITA No.463/Ind/2017. E-return was filed on 30.09.2013 declaring income of Rs. 49,37,640/- and agriculture income of Rs. 22,78,600/-. Case selected for scrutiny under CASS followed by serving of notices u/s 143(2) and 142(1). Ld. A.O while examining the genuineness of the agriculture income of Rs. 22,78,600/- called for the details of vouchers and agriculture produce. Assessee is the owner of 42 acres of land. Bills and the vouchers for agriculture produce of Rs. 37,17,383/- from 133 acre of land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted by any bills and vouchers looking to the land holding of the assessee subject to disallowance of 30% of such agriculture sale not supported by bills. Working note of computation of agriculture income has been placed on record after applying the direction of the Hon'ble Tribunal given for preceding assessment year i.e. 2010-11. 9. On the other hand Ld. Departmental Representative vehemently argued supporting the orders of lower authorities. 10. We have heard rival contentions and perused the records placed before us. 11. The assessee's sole grievance is against the finding of both the lower authorities treating the agriculture income of Rs. 14,49,254/- as income from other sources. There is no dispute to the fact that the assessee a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,60,000/- which includes Rs. 6,00,000/- including Rs. 2,55,750/- being sales of wheat and soyabean shown at higher price as compared to Mandi sales. These sales are in the nature of on spot sales made effected outside Mandi to private parties. We find that the assessee has agricultural land holding at 40 acres of irrigated agricultural land. The assessee has also filed confirmation of parties i.e. agriculturist, to whom sales was made. Therefore, considering the circumstances and in absence of books of accounts in respect of agricultural produce being not maintained and case laws as relied on by the Assessee, it would be reasonable to estimate 30 of the sales amounting to Rs. 6,00,000/- to private parties as nonexplained agricultural income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; Rs. 9,29,346/- Gross sales figure for goods sold without bills & vouchers Rs.18,49,254/- Less:25% for incidental expenses Rs. 4,62,314/- Rs.13, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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