2024 (10) TMI 998 - AT - Income Tax

Correct head of income - addition of 50% of agricultural income as income from other sources - HELD THAT - AO cannot step into the shoes of an assessee , or question or even sermons to his beleaguered assessee s on the conduct of the business. This is more particularly so, when there is nothing in the enacted laws, that requires an assessee to conform to a particular set of business practices. Merely on the basis of some estimation assumption of the AO, reducing the agricultural income will not automatically commute into any income under head income from other sources without any specific material being brought on record to show that agricultural Income were inflated in order to escape the assessment under head Income from Other sources . In our opinion, the AO has merely acted on the basis of surmises and conjectures in adopting the estimation of 50% of Net agricultural income as income from other sources without any basis without carrying out any further verification. The suspicion however strong cannot take the place of proof. In this case, none of the authorities below have brought any substantial material on record to demonstrate that assessee has not earned Income through agricultural sources but from income from other sources . Our view also supports from the fact that AO in the assessee s own case for the AY 2018-19 as well as for AY 2020-21 accepted the source as agricultural income by passing the assessment order u/s 143(3) accepting the returned Income and no adverse inference was drawn by the ld. AO in both these years. Therefore, we set aside the order of the CIT(A) by allowing the appeal of the assessee.

Summary

Issues:
1. Confirmation of addition of agricultural income as income from other sources without adequate evidence.
2. Failure to provide sufficient opportunity to produce documentary evidence.
3. Misinterpretation of evidence by the appellate authority.
4. Justification of reducing net agricultural income to 50% without proper basis.

Analysis:
1. The appeal was against the order of CIT(A)/NFAC confirming the addition of 50% of agricultural income as income from other sources. The appellant contended that supporting documents were provided during assessment proceedings and first appellate proceedings, including sales bills of ginger, lease agreements, land holding details, and bank statements. The authorities doubted the entire agricultural income but arbitrarily considered 50% as income from other sources without adverse material, which was deemed unjustified by the appellant.

2. The appellant argued that adequate opportunities were not given to present documentary evidence supporting the claim of agricultural income. Despite submitting relevant documents, the appellate authority dismissed the appeal citing lack of evidence such as crop certificates and sale details. The appellant highlighted that the necessary documents were indeed submitted but were overlooked by the authorities.

3. The appellate authority was criticized for misinterpreting the evidence provided, including lease agreements and land details. The appellant asserted that the evidence clearly established the extent and nature of agricultural activities, contrary to the interpretation made by the authority. The appellant emphasized that the appellate authority's conclusions were based on incorrect assertions regarding the lack of documentary evidence.

4. The main issue raised was the justification for reducing the declared net agricultural income by 50% without a proper basis. The tribunal noted that the authorities accepted the source of income from agricultural activities but still reduced the net agricultural income without substantial grounds. The tribunal highlighted that the AO's estimation without concrete evidence did not automatically categorize the reduced income as "income from other sources." The tribunal emphasized the need for specific material to support such a decision and criticized the reliance on assumptions without verification.

5. The tribunal referred to relevant sections of the Income Tax Act, emphasizing that agricultural income is exempt under section 10(1) and does not form part of the total income. The tribunal concluded that reducing exempted net agricultural income should not automatically lead to categorizing it as income from other sources unless specific evidence of other income is presented. The tribunal criticized the authorities for acting on surmises and conjectures without substantial proof, ultimately allowing the appeal and setting aside the CIT(A)'s order.

6. In the final judgment, the tribunal allowed the appeal of the assessee, highlighting the lack of concrete evidence to support the addition of agricultural income as income from other sources. The tribunal emphasized the importance of proper justification and evidence in making such determinations, ultimately ruling in favor of the appellant.