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TMI Blog2022 (11) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... dition of Rs.1,62,728/-(10% of 16,27,279/-) made by the ld. Assessing Officer on account of some expenses. The addition is bad in law and liable to be deleted. 2. The ld. CIT(A) has erred in law and facts by confirming addition of Rs.3,50,000/- made by the ld. Assessing Officer on account of Agriculture Income. The addition is bad in law and liable to be deleted. 3. The appellant reserves the right to amend, alter, add, any grounds of appeal." 3. None appeared for the assessee. The adjournment application filed by the assessee is rejected for insufficient reasons given by the appellant that he was in the process of collection of information and details which is contrary to the facts on record. It is an old appeal pertains to assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th regard to the disallowance made on the ground of lack of supporting vouchers for the expenses claimed. I find that appellant has not been able to completely controvert the findings given by the AO on this issue. Accordingly, I hold that it would be just and fair to restrict the disallowance of all the expenses to the extent of 10% of the expenses claimed and debited in the P&L account except for the disallowance of Rs.18,308/- made by the AO out of bank interest and charges which is confirmed in full." 5. The Ld. Addl. CIT(DR) stands by the impugned order. 6. Having heard the learned additional CIT DR, perused the material on record, we find that the AO made disallowances on account of various expenses claimed in the profit and loss a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of Tribunal is affirmed by Hon'ble Panjab and Haryana High Court in ITA No. 535 of 2010 vide its Judgement dated 20.07.2011 6.2 Accordingly, the addition of Rs.1,62,728/- (10% of 16,27,279/-) of some expenses, confirmed by the Ld. CIT(A) is perverse to the facts of the case and same is deleted. 7. Next issue pertains to confirming addition of Rs.3,50,000/- made by the ld. Assessing Officer on account of Agriculture Income. 7.1 The learned CIT appeal has confirmed the addition on account of Agriculture Income by observing vide paragraph 6.2 to 6.5 as under: "6.2. The appellant has submitted as under: The ld. Assessing Officer has erred in law and facts by treating agriculture income of Rs. 6.50,000/- as non agriculture inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income of Rs. 3,50,000 has been declared and duly accepted by the AO. I have gone through a copy of the order passed u/s 143(3) of the IT Act by the AO for A.Y 2014-15, dated 31.12.2016 and find that agricultural income of Rs. 3,50,000 has been accepted in this year. Accordingly, I hold that it would be just and fair to treat the agricultural income at Rs. 3 lakh for the year under consideration and balance amount of Rs. 3,50,000 will be treated as income from other sources. Therefore, addition of Rs. 3,50,000 out of the total addition of Rs. 650,000 made by the AO on account of income from other sources is confirmed." 7.2 Having heard the learned DR on the issue of agricultural income, we find that AO has treated the agricultural income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income claimed during the assessment year under consideration. The appellant assessee has failed to furnish any documentary evidence in support of its claim of agriculture income by way of ownership document of size of agricultural land holding, details of expenses incurred on carrying out cultivation activities, nature of agriculture activities, contract of agricultural lands given on lease if any and bills of agriculture produce either before the learned CIT appeal or before us. Therefore, we find no infirmity or perversity on the facts, in the observation and finding of the learned CIT appeal in treating the Rs.3,50,000/- as unexplained agricultural income under the head income from other sources. 7.3 In view of the above discussion, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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