9911796707
TMI Blog2020 (4) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... s before learned CIT(A) had arisen from assessment order dated 30.12.2010 passed by learned Assessing Officer (hereinafter called "the AO") u/s.143(3) of the Income-tax Act, 1961 (hereinafter called "the Act"). 2. The grounds of appeal raised by assessee in memo of appeal filed with the Income-Tax Appellate Tribunal, Chennai (hereinafter called "the Tribunal") read as under:- "1. The order of The Commissioner of Income Tax (Appeals) 19, Chennai dated 13.02.2017 in l.T.A.No.290/2010-11 for the above mentioned Assessment Year is contrary to law, facts, and in the circumstances of the case. 2. The CIT (Appeals) erred in partly sustaining the assessment of agricultural income under the head 'income from other sources' in the comput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rinas, coffee, pepper and cardamom are grown. However, no details of yield is mentioned in the said Pasali and in view of that the AO was of the view that quantum of receipts through sale of these crops cannot be ascertained. The AO also observed that assessee has not furnished details of the receipt of the sale proceeds, such as the date of sale, mode of payment, date of receipt of payment, name and address of the purchaser to whom the sales were made etc. . The AO rejected claim of the assessee to treat said income as agriculture income and the same was brought to tax as income from un-explained sources under the head 'Income from other sources' by AO vide assessment order dated 30.12.2010 passed by AO u/s 143(3) of the 1961 Act. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icultural income was allowed in full. In such circumstances, the Appellant pleads for allowing the same in full in the interest of justice. *** 5. The submissions are further considered. Assessee has not given any details of crops sown and harvested. The details of agricultural operations conducted with purchase of seeds, manure or pesticides have not been given. Assessee is not able to show a single rupee of expenditure incurred either by means of bank transaction or any purchase voucher maintained. Assessee has claimed the entire receipt in cash and the source of said cash receipt has also not been revealed. It appears that the assessee is trying to pass off his otherwise cash incomes as agricultural income. However, assessee has prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a high Revenue/income. The learned DR has placed on record some clippings downloaded from internet prepared by one 'Jagdish Reddy' wherein it is claimed that black pepper can yield profit of only Rs. 1,65,000/- per acre in 8 years, to justify her stand that the assessee is declaring higher income as agriculture income, which as per learned DR is infact income not derived from agricultural operations but is an income from unexplained sources. 6. We have considered rival contentions and perused the material on record. We have observed that similar issue came up before Chennaitribunal for ay: 2009-10 in assessee's own case , wherein after considering contentions of both the parties and perusing material on record , tribunal was pleased to hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of authorities below. The assessee has claimed agricultural income at Rs. 18,33,002/-. Since the assessee was engaged in the business of real estate, the Assessing Officer has held that the assessee cannot be considered as a cultivator or receiver of rent in kind as per the definition under section 2(14) of the Act and made the disallowance by treating the above income as income from unexplained sources. It is not disputed that the assessee was holding agricultural land to claim agricultural income. In this case, the assessee has claimed agricultural income in the form of lease rent receipt in respect of the agricultural lands at different places. Against the appeals filed by the assessee for earlier assessment years, the Tribunal vide i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow the balance 25%. Thus, the ground raised by the assessee is partly allowed. " 6.2 Respectfully following the aforesaid appellate order dated 07.10.2016 passed by tribunal in ITA No.1031/Mds/2014 for ay: 2009-10 and in order to maintain consistency , we allow 75% of the income to the tune of Rs. 10,20,708/- declared by assessee as agricultural income , by relying on the decision of the Hon'ble Supreme Court in the case of Radhasoami Satsang v. CIT reported in (1992) 193 ITR 321(SC) in order to maintain consistency. We note that learned CIT(A) accepted agriculture income from said lands held by assessee to the tune of Rs. 10,000/- per acre for impugned ay and Revenue has neither filed any appeal nor filed any cross objections against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
