TMI Blog2020 (4) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... objections against the said decision of learned CIT(A) accepting agricultural income partially from said land to the tune of ₹ 10,000/- per acre. Decided partly in favour of assessee. - ITA No.741/Chny/2017 - - - Dated:- 10-2-2020 - Shri N.R.S. Ganesan, Judicial Member And Shri Ramit Kochar, Accountant Member For the Appellant : Mr. S.Sridhar, Adv. For the Respondent : Ms.R.Anitha, JCIT ORDER PER RAMIT KOCHAR, ACCOUNTANT MEMBER: This appeal filed by assessee is directed against appellate order dated 13.02.2017 passed by learned Commissioner of Income Tax (Appeals)-19, Chennai (hereinafter called the CIT(A) ), in ITA No.290/10- 11 for assessment Year (ay) 2008-09, the appellate proceedings before learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passing of the impugned order and any order passed in violation of the principles natural justice would be nullity in law. 6. The Appellant craves leave to file additional grounds/arguments at the time of hearing. 3. Briefly stated the facts of the case are that the assessee is engaged in the business of real estate and property developers. The only effective ground raised by assessee is with regard to assessment of agricultural income declared by assessee to the tune of ₹ 10,20,708/- in the return of income filed with Revenue, which was brought to tax by AO as income from unexplained sources under the head Income from Other Sources . The assessee submitted before the AO copy of Pasali, wherein, it is mentioned that cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has made the following written submission. In addition to the submissions of the Appellant dated 11.2.2025, it is humbly submitted with respect to the issue of claim of agricultural income, pursuant to the order of the ITAT in the earlier AYrs, the said claim of the Appellant was allowed in full by the AO and the relevant assessment orders passed in terms of section 254 r.w.s. 143(3) of the Act are enclosed herewith. Further the details with regard to the Income and expenditure of the agricultural activities along with Chitta and Adangal extracts produced before the AO during the course of the assessment are also enclosed herewith. Further the appellant has also placed on record the scrutiny orders for the AYrs.2012-13, 2013-24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 2009-10, the Ld.CIT(A) was pleased to allow 50% of the income declared by assessee as an agriculture income derived from said land and when the matter came up before tribunal in second appeal filed by assessee, the tribunal was pleased to allow 75% of the income declared by assessee as an agriculture income. The Ld.DR objected to the same and submitted that 21 acres of agricultural land could not yield that much quantum of agricultural income. Our attention was drawn by learned DR to Page No.20 of the Paper Book, wherein, assessee has submitted agricultural income and expenditure account for the financial year 2007-08(ay: 2008-09) and the assessee is showing lease rent from Padappai lands and Kolli Hills . It was submitted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case for earlier assessment years in I.T.A. Nos. 1507 to 1511/Mds/2011 dated 06.06.2013, wherein it was held that once the assessee has proved the holding of the agricultural lands, to presume that no agricultural income was derived therefrom was unfair, the ld. CIT(A) has restricted 50% of the income of ₹ 18,33,002/- as income derived from the said land holdings and sustained balance 50%. 5.2 Before us, the ld. Counsel for the assessee has contended that the ld. CIT(A) was not correct in restricting the agricultural income and pleaded that the disallowance of 50% of agricultural income should be treated as income from agriculture. On the other hand, the ld. DR supported the order of the ld. CIT(A). 5.3 We have considered bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reement or of any kind and the assessee can produce the same before the authorities below. We have carefully considered the appellate order and assessment order passed by the authorities below on this issue. When the agricultural land held by the assessee was not disputed, it cannot be held that there was no income from the above said agricultural land holdings. Since the ld. CIT(A) restricted the disallowance on estimated basis in the absence of material evidence for the income earned by the assessee, we are of the considered opinion that the disallowance sustained by the ld. CIT(A) is on higher side and it has to be reasonably reduce the disallowance sustained by the ld. CIT(A). Accordingly, we allow 75% of the income of ₹ 18,33,002 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
