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Issues Involved:
1. Classification of income from sale of orchard fruits as "Business income" or "Agricultural income." 2. Disallowance of depreciation on car due to alleged personal use. Detailed Analysis: 1. Classification of Income from Sale of Orchard Fruits: The primary issue revolves around whether the income from the sale of fruits from an orchard leased by the assessee should be classified as "Business income" or "Agricultural income." The facts are as follows: The assessee leased an orchard from the Indira Gandhi National Forest Academy (IGNFA) and declared the income from the sale of fruits as agricultural income. The Assessing Officer (AO) and the Additional Commissioner of Income-tax (CIT) concluded that this income should be classified as business income, not agricultural income. The assessee argued that various agricultural operations were carried out, such as tilling, weeding, digging, and watering the trees, which should qualify the income as agricultural. The CIT(A) rejected this argument, stating that the agreement only gave the right to pluck fruits and did not lease the orchard land. The CIT(A) emphasized that the assessee was prohibited from performing significant agricultural operations like digging and cultivation. The Tribunal upheld the CIT(A)'s decision, referencing the Supreme Court's judgment in CIT v. Raja Benoy Kumar Sahas Roy [1957] 32 ITR 466, which defines agricultural operations as basic operations like tilling, sowing, and planting, followed by subsequent operations like weeding, pruning, and harvesting. The Tribunal noted that the assessee did not perform the basic operations necessary for the produce to be considered agricultural. Hence, the income from the orchard was rightly classified as business income. 2. Disallowance of Depreciation on Car: The second issue concerns the disallowance of Rs. 12,910 under the head "Depreciation on car." The assessee claimed depreciation on a car allegedly hired out to a sister concern, M/s. Rakesh Brick Unit, for Rs. 1,250 per month. The AO disallowed 50% of the depreciation, suspecting that the arrangement was a tax avoidance strategy and that the car was used personally by the assessee. The CIT(A) upheld the AO's decision, noting that the sister concern already had a separate car and that the rental arrangement seemed contrived to claim depreciation. The CIT(A) also observed that the possibility of personal use of the car by the assessee could not be ruled out. The Tribunal agreed with the CIT(A)'s findings, noting that the assessee failed to provide substantial evidence to support the claim, such as an agreement or accounts of the sister concern. Therefore, the disallowance of 50% depreciation was justified. Conclusion: The Tribunal dismissed the appeal of the assessee, upholding the classification of income from the orchard as business income and the disallowance of depreciation on the car due to personal use. The judgments were based on detailed analysis and application of relevant legal principles and precedents.
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