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2019 (9) TMI 190

..... e during assessment proceedings reducing the agricultural income. Though this revised return was not accepted by the assessing officer, but, it would show that assessee has in fact not earned huge agricultural income. The assessee in the earlier year as well as in subsequent years have shown meager agricultural income ranges from ₹ 5 lacs to ₹ 8 lacs only. The assessee did not produce any sufficient documentary evidences before the authorities below to claim huge agricultural income of ₹ 24,78,544/- earned out of small agricultural land holdings. The agreement with Shri Rajesh was executed on 8th June 2017 i.e., after closure of the financial year relevant to assessment year under appeal. Therefore, it is concocted and fab .....

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..... tural land and has also cultivated land of his brothers namely Shri Satbir and Shri Randhir Singh, who owned 96 kanals of agricultural land. Therefore, assessing officer asked for further details and details of family members of assessee. Assessee produced copy of fard of agricultural land owned by assessee. Perusal of fard reveals that the assessee owned 6 acres of agricultural land only, whereas the assessee has shown agricultural income of ₹ 24,78,544/- in assessment year under appeal which is very much on the higher side as against the agricultural land owned by the assessee. The assessee was asked to furnish details of the land holdings by him along with the land taken on lease, in confirmation of the cultivation of agricultural .....

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..... was sold and that sale consideration of agricultural produce was made in cash. Statement of Shri Satbir and Shri Randhir Singh were also recorded as they were produced by the assessee because of summons sent to them which could not be served upon them. In the statement of Shri Satbir, he has stated that he was retired as JBT Master and owns 6 acres of agricultural land, out of which, 4 acres are being cultivated by him and 2 acres has been given to the assessee on lease. He was asked to explain whether any loan has been taken on Kisan Credit Card on the agricultural land owned by him. In response thereto, it is stated by him that he has availed this facility from the Bank. The assessing officer noted that loan on Kisan Credit Card is being .....

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..... 2013-14 and 2014-15 assessee has shown agricultural income of ₹ 7,97,773/- and ₹ 8 lacs. In subsequent assessment year 2016-17 assessee has shown agricultural income of ₹ 5 lacs only. The assessing officer, therefore, noted that assessee has shown very high agricultural income and the same have not been substantiated through any evidence or material on record. Thus, assessee has also failed to prove any fact before the assessing officer. The assessing officer, therefore, considering the totality of the facts and circumstances, considered that assessee has cultivated 28 acres of land and estimated that assessee has earned agricultural income of ₹ 50,000/- per acre, therefore, estimated the agricultural income of S .....

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..... cultural income. Therefore addition is wholly justified. 5. I have considered the rival submissions and do not find any merit in the appeal of assessee. The assessee claimed to have earned agricultural income of ₹ 24,78,544/- in the return of income. The same amount have been shown in the return of income as gross agricultural receipts. The expenditure incurred on agriculture have been shown at NIL [zero]. It is highly improbable that without incurring any expenditure assessee would have earned such agricultural income. The assessee in the profit and loss account has claimed agricultural expenses and net profit on account of agricultural income have been shown at ₹ 10,97,930/-. This fact itself disentitle the assessee for making .....

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