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TMI Blog2022 (7) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... come as unexplained cash deposit. 3. The appellant craves leave to add to, alter, amend, vary or delete all or any of the above grounds of appeal." 3. The assessee is an individual earning income from agricultural. The revenue received an information that the assessee has made cash deposits of Rs. 15,06,678/- in bank accounts during the period of demonetization. Therefore, notice u/s. 142(1) was issued requiring the assessee to file return. In response, the assessee did not file return. Thereafter, the revenue issued repeat notices u/s. 142(1) requiring the assessee to explain the sources of cash-deposits. In response, the assessee submitted that the only source of income available to him is the agricultural income, out of which the said deposits have been made. The assessee also submitted documentary evidences in the form of Bills and Vouchers, documents of holding of agricultural lands, KCC loan statement, Certificate from State Government appreciating very high agricultural income earned by the assessee, etc. to justify agricultural income. However, Ld. AO found that the assessee had made total cash-deposits of Rs. 33,91,841/- in different bank accounts during the whole year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submitted complete details of agricultural lands along with title-documents to Ld. AO during the course of assessment proceeding. Ld. AR further submitted that the assessee is a renowned agriculturist and has received several certificates and awards from the Govt. and his efforts of modern and high agriculture have been recognised in media, which is very much clear from the following documents: i. Certificate dated 16.05.2013 from M.P. Government for achieving highest per acre yield of certain crops (Paper-Book Page No. 67 & 68). ii. Certificate from Shri Narendra Modi, then Chief Minister of Gujarat, for participation in Global Agriculture Summit-2013 organized by Gujarat Government (Paper-Book Page No. 69). iii. News items published in NEWS-18, TV-9, NDTV, newspapers and magazines relating to interviews of assessee by the Agricultural Minister and Other media persons (Paper-Book Page No. 70 to 74). iv. Photographs of the training-sessions in which assessee has shared his knowledge on agriculture techniques with other farmers (Paper-Book Page No. 75 to 78). Ld. AR submitted that the assessee is giving full time, focused efforts to agricultural activity only and there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise known as adangal. Therefore, the only official document maintained in the course of administration is the adangal extract maintained by the Village Administrative Officer. Beyond this, the assessee cannot produce any evidence for establishing the cultivation." Ld. AR submitted that against the cash-deposits of Rs. 33,91,841/-, the assessee has already submitted the Bills/Vouchers of Rs. 24,49,148/- which is about 72% and the difference is 28% only. Ld. AR submitted that the assessee's explanation that he could not maintain Bills/Voucher for sale of a part of the crop made directly to consumers, is a reasonable explanation and it must be accepted holistically having regard to the fact that the assessee is a renowned agriculturist who has received so many certificates, awards and appreciation from Govt. for his dedicated engagement in agricultural activities. 7. Regarding re-deposit of cash-withdrawals made from the same bank accounts, Ld. AR invited our attention to the "date-wise details of cash-withdrawals" on Page No. 8 and 9 of his "Written-Synopsis" and also to the highlighted entries of those cash-withdrawals in the Bank-Statements placed at Page No. 53 to 61 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Income-tax Act. The AO has not brought on record any material or evidence to show that the assessee was having any other source of income except agricultural income which is not taxable. CIT(A) was, therefore, justified in deleting the addition of Rs. 3,45,356/- to the total income made by the AO because the assessee has no income taxable and agricultural income is not taxable." 9. With aforesaid submissions, the Ld. AR argued that the cash-deposits of Rs. 33,91,841/- stand well-explained by the agricultural income earned by the assessee as well as cash-withdrawals made from the banks. Therefore, the addition of Rs. 9,42,063/- made by Ld. AO u/s. 69A deserves to be deleted. 10. Per contra, the Ld. DR supported the orders of lower authorities. Ld. DR submitted that the assessee has given supportive evidences of agricultural income to the extent of Rs. 24,49,148/- only as against the cash-deposits of Rs. 33,91,841/- and hence the difference of Rs. 9,42,063/- is unexplained. Therefore, according to Ld. DR, the lower authorities have rightly made/confirmed addition of Rs. 9,42,063/-. Regarding re-deposit of cash-withdrawals made from the bank, Ld. DR did not oppose the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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