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2022 (11) TMI 609

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..... e evidence. It is also a fact that assessee is a pure agriculturist residing in a village and selling agricultural produce in cash to petty traders who are coming to villages to procure the products of coconut. In such circumstances, we have to estimate some agricultural income. If we give credit, the assessee might have earned some Rs.30,000/- per acre. The assessee s income during the year will be around Rs.4.5 lakhs. Giving further credit, the assessee might have accumulated some cash in earlier year also after allowing deduction of personal expenses, the assessee might have saved some cash. Hence, we estimate the availability of cash with the assessee at Rs.5 lakhs and direct the AO to delete this addition to the extent of Rs.5 la .....

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..... ming the action of AO in making addition of cash deposit of Rs.7.70 lakhs as income from other sources u/s.69A of the Act and charging under special rate of tax u/s.115BBE of the Act. For this, assessee has raised the following ground No.4:- 3. The CIT(A) is also erred in upholding the cash deposits of Rs.7,70,000/- as income u/s 69A and charging special rate of tax. 4. Brief facts are that the original assessment was completed by the AO u/s.144 of the Act, as the assessee failed to respond to any notice or show-cause notice issued on 04.09.2019 proposing to assess the entire cash deposit of Rs.7.70 lakhs made in the Federal Bank savings bank account. This cash deposit of Rs.7.70 lakhs are cash deposit during demonetization perio .....

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..... from my land and Rs.50000/- from my spouse agri land). We have attached the Certificate from Village administration officer from our corresponding Village. We do not have any other source of Income except Agricultural Income. Hence we humbly request you to delete the additions made by the Learned officer and render us Justice. We are also ready to provide any further details, in case of any further requirement from your Goodself. Thanking you Yours Sincerely, Arunadevi . The assessee also produced the certificate of land holding issued by Revenue Officer of Government of TamilNadu i.e., land certificate record patta issued by Revenue Department, Coimbatore District, wherein entire holding of assessee of 5 acres land and assessee s hus .....

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..... record that the assessee is growing coconut trees on these lands and earning agricultural income from coconut. But, we are also conscious of the fact that the Village Administrative Officer is not an authority to certify the agricultural income and assessee is unable to correlate these entries with that of the deposits of cash during demonetization period. But undeniable fact is also that the assessee is holding agricultural lands including her husband i.e., 15 acres and for that, we have to give some credit and assessee might have earned agricultural income although he has no definite evidence. It is also a fact that assessee is a pure agriculturist residing in a village and selling agricultural produce in cash to petty traders who are com .....

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