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2024 (5) TMI 290 - ITAT JODHPURUndisclosed income of the assessee - bogus sale of agricultural produce - preponderance of probability theory - as per revenue assessee has coloured the story of sale of agricultural produced - AR vehemently argued before us that based on the information placed on record, it is not under dispute that the assessee is having the only source of income and that is agricultural income. Even on the same set of evidence the ld. AO has partly considered as income of the assessee - While making the addition the ld. AO recorded statement of Mr. Pappu, who handles the affairs of his agricultural land on sharing basis HELD THAT:- During the course of assessment proceedings, it is very much clear that the assessee has his son and his relative (Buwa) holding 50 bighas of agricultural land and the assessee is having facility for storage of agricultural produce. Even the Krushi Upaj Mandli based on the set of facts placed on record has not lodged any compliant for enquiry. Considering all these set of facts merely invoices which are not of registered firm or a person and having not paid agricultural cess, the same cannot be considered as non genuine. In support of the contention our attention was invited to the various judgement of Co-ordinate Bench cited by ld. AR of the assessee. As decided in Shri Chaudhary Mange Ram Panwar [2023 (6) TMI 1129 - ITAT DEHRADUN] preponderance of probability theory would go in favour of the assessee in the instant case. The predominant income available with the assessee is only the agricultural income. No other source of income is brought on record by learned Assessing officer and it is not in dispute that the assessee is not engaged in any business or profession. The source of income in any manner whatsoever could only emanate from agricultural income. Hence, the overall explanation given by the assessee for explaining the cash deposits as emanating out of the sale of car and agricultural receipts need to be accepted. No other source available with the assessee which would have enabled him to earn income. Thus we are of the considered view that the addition made by the ld. AO in the case of the assessee is directed to be deleted. Appeal of the assessee is allowed.
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