9911796707
TMI Blog2023 (4) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to as 'the Act') relating to the Assessment Year (A.Y) 2017-18. 2. The brief facts of the case is that the assessee is a Senior Citizen deriving income from the machinery hiring services, Income from House Property, Income from other sources and Agricultural Income. For the Assessment Year 2017-18, the assessee filed his Return of Income declaring total income at Rs. 2,48,820/- and agricultural income of Rs. 16,95,356/-. The return was selected for scrutiny assessment for the reason "Large agricultural income shown in the return and large cash deposit during demonetization period". 2.2. The assessee owns 96 bighas of land and carrying out agricultural activity with the help of those person who work on sharing basis and take the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill be about 30% of the income returned by the assessee. Therefore a sum of Rs. 3,87,935/- is added as the unexplained expenses u/s. 69C of the Act. Further the assessee's claim of Civil Court Judgment in the case of Godabhai Bachubhai & Others are relating to the payment for compensation of acquisition of land by GIDC. The farmers have filed case for enhancement of compensation amount from GIDC. Thus the above judgment is not related to the income generated by the farmers. Further the assessee has shown the gross receipt of agriculture income in the Return of Income without considering expenses incurred to earn the above agriculture income. Therefore 30% of expenses and gross receipt of agriculture income is added as the unexplained expens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e totally different from the facts as cited in the case laws. Therefore, the appeal of the appellant is dismissed on the grounds of appeal raised for addition of Rs. 4,02,239/- under section 68 of the Act. 4.2. The appellant raised grounds of appeal on the issue of addition of Rs. 3,87,935/- made u/s. 69C of the Act on account of notional expenditure for earning agricultural income. Upon perusal of the facts of case and assessment order, it is observed that the A.O. brought no evidence on record with respect to addition made being unexplained expenditure in earning agricultural income. Therefore, the addition of Rs. 3,87,935/- being unexplained expenses u/s. 69C cannot be sustained and the appeal is allowed on these grounds. 4. Aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income Tax (Appeals), NFAC, Delhi as well as the Deputy Commissioner of Income Tax Officer, Circle-2(2) Jamnagar, has erred in law as well as on facts while not observing the rule of judicial consistency while deciding the case of the appellant. Thus, the order passed is biased and against the law and required to be quashed. (5) Based on the facts and circumstances of the case, the Commissioner of Income Tax (Appeals), NFAC, Delhi as well as the Deputy Commissioner of Income Tax Officer, Circle-2(2) Jamnagar, has erred in law as well as on facts while ignoring the judicial precedent of the Jurisdictional Civil Court relied upon by the appellant which squarely applies to the fact of the appellant while considering the income ear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent Rs. 4,02,239/- as there is nothing placed on record by the department against this evidence. (8) Based on the facts and circumstances of the case, the Commissioner of Income Tax (Appeals), NFAC, Delhi as well as the Deputy Commissioner of Income Tax Officer, Circle-2(2) Jamnagar, has erred in law as well as on facts in making and confirming an addition of Rs.4,02,238/- under section 68 of the Act is purely based on surmises & conjectures required to be deleted. (9) Based on the facts and circumstances of the case, the Commissioner of Income Tax (Appeals), NFAC, Delhi as well as the Deputy Commissioner of Income Tax Officer, Circle-2(2) Jamnagar, has erred in law as well as on facts in invoking the provision of section 68 of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintained proper books of account and received money transactions through cheque payments which is reflected in the bank statement of the assessee. Only small vendors cases, the assessee could not produce the copies of the invoices. In assessee's own case for the Assessment Year 2016-17, assessment order u/s. 143(3) was made on 08.12.2018, wherein on the same set of facts, the assessing officer is satisfied with the extent of land held by the assessee and accepted the returned income of Rs. 3,62,290/- and agricultural income of Rs. 12,95,541/- returned by the assessee. Therefore the additions proposed is not proper, and Rule of consistency in judicial proceedings is not followed by the A.O. therefore pleaded to delete the addition. 5. Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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