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2008 (7) TMI 986 - HC - Income Tax

Issues involved: Appeal u/s 260A of the Income-tax Act, 1961 against the addition of agricultural income as "Income from other sources" for the assessment year 1999-2000.

Issue 1: Addition of Agricultural Income

The dispute revolved around the addition of Rs. 6,51,000 as "Income from other sources" by the Assessing Officer, which was later deleted by the Tribunal. The Tribunal found that the assessee had purchased agricultural land, planted trees, and sold them to M/s. Shree Ram Trader during the year under consideration. The sale consideration was received through account payee cheques and deposited in the regular bank account. The Tribunal held that the assessee had discharged the primary onus by providing documentary evidence and billwise details of the sale. The burden then shifted to the revenue to prove otherwise, which they failed to do. The Tribunal concluded that the income earned was genuine and dismissed the appeal filed by the revenue.

Issue 2: Burden of Proof

The appellant-revenue argued that the burden to prove the transaction as genuine was on the assessee, who failed to produce M/s. Shree Ram Traders, the alleged purchaser of the trees. However, the Tribunal noted that the assessee had planted the trees in previous years, sold them to M/s. Shree Ram Traders, and provided evidence of the sale transaction. The Tribunal found that the assessee had disclosed the identity of the purchaser and shifted the burden onto the revenue. It was held that the revenue failed to demonstrate that the information provided by the assessee was false. The Tribunal concluded that no substantial question of law arose from the order, and the appeal was dismissed.

 

 

 

 

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