1981 (10) TMI 66 - AT - Income Tax

Summary

Issues Involved:
1. Addition of Rs. 20,000 as cash credit.
2. Computation of agricultural income.
3. Classification of income from hire charges, sale of cattle, and sale of trees.
4. Addition of Rs. 6,100 as undisclosed income.
5. Addition of Rs. 19,170 as capital gains.
6. Appeal against charging of interest under Section 217.

Detailed Analysis:

1. Addition of Rs. 20,000 as Cash Credit:
The first issue relates to the addition of Rs. 20,000 as a cash credit in the account of M/s. Sant Ram Jamna Dass, received from Ved Parkash. The Income Tax Officer (ITO) treated this amount as the assessee's income from undisclosed sources. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld this addition, stating that the HUF of Ved Parkash did not have sufficient financial resources to advance such a loan. However, the tribunal found that Ved Parkash had admitted to giving the loan and had sufficient income from rent, agriculture, and money-lending. Therefore, the addition of Rs. 20,000 was deleted, holding the loan to be a genuine transaction.

2. Computation of Agricultural Income:
The second issue concerns the computation of agricultural income. The ITO computed the income from agriculture at a figure less than that shown by the assessee, treating the excess as undisclosed income. The tribunal did not provide a separate detailed analysis for this issue but linked it with the fourth issue.

3. Classification of Income from Hire Charges, Sale of Cattle, and Sale of Trees:
The third issue involves the classification of Rs. 1,704 as agricultural income. The CIT(A) treated income from hire charges of cutting machines, sale of cattle, and sale of trees as agricultural income. The tribunal excluded the sale of cattle and hire charges from the computation and reduced the income from the sale of trees to Rs. 2,500, making the assessee's share Rs. 500 instead of Rs. 1,704.

4. Addition of Rs. 6,100 as Undisclosed Income:
The fourth issue, read with the second issue, pertains to the addition of Rs. 6,100 as undisclosed income. The ITO estimated the assessee's share in the inflated agricultural income from Jain Vegetable Farm and added Rs. 10,100 as undisclosed income, which the CIT(A) reduced to Rs. 6,100. The tribunal found that the farm maintained accounts on a cash basis, and the sales did not represent income from undisclosed sources. Therefore, the addition of Rs. 6,100 was deleted.

5. Addition of Rs. 19,170 as Capital Gains:
The fifth issue concerns the addition of Rs. 19,170 as capital gains from a piece of land contributed by the assessee to a partnership firm. The CIT(A) upheld this addition, citing that the contribution of land to the firm constituted a "transfer" under Section 2(47) of the Income Tax Act. However, the tribunal disagreed, stating that there was no "transfer" as no registered conveyance deed was executed, and the assessee retained partner's rights in the property. Therefore, the addition of Rs. 19,170 was deleted.

6. Appeal Against Charging of Interest Under Section 217:
The sixth issue involves the CIT(A)'s decision that no appeal lies against the charging of interest under Section 217. The tribunal held that this ground was not taken in isolation but with other grounds of appeal. Therefore, the CIT(A) erred in holding that no appeal lies against the charging of interest under Section 217.

Conclusion:
The appeal was partly allowed. The tribunal deleted the additions of Rs. 20,000 as cash credit, Rs. 6,100 as undisclosed income, and Rs. 19,170 as capital gains. It also reduced the agricultural income share to Rs. 500 and held that an appeal lies against the charging of interest under Section 217.