2014 (7) TMI 857 - AT - Income Tax

Inclusion of agricultural income Held that - The assessee has explained the amount as realized from the sale of cattle feed (niran), and which has been explained as arising for this year only due to heavy rainfall - assessee has also placed on record the index of the paper-book filed before the CIT(A) furnishing the details of the cash sale there should have been a proper examination of the assessee s claims by the Revenue, which has however not been at any stage - It is only the additional income of ₹ 1.88 lacs, claimed to be agricultural income in-as-much as it is on account of sale of Niran - the assessee s claim with regard to agricultural income is not in dispute thus, the matter is to be remitted back to the AO for examination of the claim of the including its entirety, including the exigibility of the income to exemption u/s.10 Decided in favour of Assessee.

Summary

Issues:
Appeal against CIT(A) order dismissing assessment u/s.143(3) for A.Y. 2008-09 - Increase in agricultural income due to sale of cattle feed disputed - Onus of proof on assessee - Examination of claims by Revenue lacking - Restoration of matter to A.O. for proper examination.

Analysis:
The judgment deals with an appeal by the assessee against the CIT(A) order dismissing the assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2008-09. The primary issue revolves around the increase in agricultural income claimed by the assessee, attributed to the sale of cattle feed. The Assessing Officer found this explanation unacceptable, as the upsurge in income remained unexplained for the current year. The CIT(A) also confirmed this decision, stating that the assessee failed to substantiate the case. The Tribunal noted that the onus to prove the return and claims lies with the assessee. However, it observed that the Revenue did not adequately examine the claims made by the assessee, particularly regarding the sale of cattle feed. Therefore, the Tribunal decided to restore the matter back to the Assessing Officer for a thorough examination of the assessee's claims, including the eligibility of income for exemption under section 10, and to make a decision with reasons in a speaking order.

The Tribunal emphasized that only the additional income claimed as agricultural income due to the sale of cattle feed was in dispute, while the remaining income from the sale of groundnut was not contested. As a result, the evidence presented regarding the sale of groundnut was deemed irrelevant. The Tribunal considered it essential for the interests of justice to have the Assessing Officer re-examine the entire claim made by the assessee, ensuring a comprehensive evaluation of all aspects, including the exemption eligibility under section 10. The Tribunal allowed the assessee's appeal for statistical purposes, indicating that the decision was made to restore the matter to the Assessing Officer for a detailed re-evaluation and a reasoned decision.

In conclusion, the judgment highlights the importance of a thorough examination of claims by the Revenue authorities and the onus on the assessee to substantiate their returns and claims. The Tribunal's decision to remand the matter back to the Assessing Officer underscores the necessity for a comprehensive assessment process to ensure a just and reasoned outcome in tax matters.