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2023 (10) TMI 550

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..... IT(A)] on 17-02-2023 in the matter of separate assessments framed by Ld. Assessing Officer [AO] u/s.143(3) r.w.s 254 of the Act on 24-02-2014. These appeals were heard along with lead case of Shri Ku.Pa. Krishnan in ITA No. 02/Chny/2016 which has separately been disposed-off by us partly allowing the appeal of the assessee. 2. In the present appeals, the grievance of the assessee is confirmation of certain addition of unexplained investment in purchase of land on protective basis. The assessee is also aggrieved by the fact that the agricultural income has been treated as income from other sources. The substantive addition was made in the hands of Shri Ku.Pa. Krishnan which has been deleted by us in that appeal. Accordingly, the issue of im .....

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..... ive basis. The income from House property for Rs. 1.22 Lacs has also been added on protective basis. The interest income for Rs. 0.03 Lacs has also been added on protective basis. In AY 1995-96, Ld. AO has made addition of gift received for Rs. 0.30 Lacs. The agricultural income of Rs. 1.39 Lacs has been treated as income from other sources. The investment in property situated at Trichy for Rs. 11.59 Lacs has been treated as undisclosed investment and added on protective basis. The income from House property for Rs. 1.73 Lacs has also been added on protective basis. The Fixed Deposit for Rs. 10 Lacs has also been added on protective basis. The interest income for Rs. 0.22 Lacs has also been added on protective basis. In AY 1996-97, the ag .....

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..... rusal of certificate of Village Administrative Officer as placed on record, it could be seen that the assessee is having sufficient cultivable land. The same is also backed up by Adangal, lease copies which support the claim of the assessee that it had land holding giving rise to agricultural income. Therefore, the claim of the assessee qua earning of agricultural income was to be accepted in all the years. The Ld. AO is directed to treat the income as agricultural income only. 6. So far as the addition of undisclosed investment in land in at Vadagaunchi for Rs. 2.40 Lacs, investment in House Property situated at Trichy for Rs. 9.91 Lacs, investment in flat situated at Adyar for Rs. 6.59 Lacs is concerned, the undisputed position that emer .....

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