9911796707
TMI Blog2012 (9) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... and dispose of the same by this common order. 2. Let us first take the assessee's appeal in ITSS 115/Coch/2005. 3. Shri C.R. Harish, the ld.representative for the assessee submitted that there was search u/s 132 of the Act at the premises of the assessee. The assessee filed return for the block period disclosing an income of Rs.2,17,813. However, the assessing officer computed the income at Rs.13,29,030. The ld.representative further submitted that on appeal by the assessee, the Commissioner of Income-tax(A) sustained the addition of Rs.2,46,000 on account of agricultural income. According to the ld.representative during the block period under consideration the assessee was cultivating 2.47 acres of rubber estate and another 8.84 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed the returns of income regularly disclosing agricultural income. The assessee has also disclosed additional agricultural income of Rs.2,46,000 for the block period. Though the assessee claims that a rubber plantation to the extent of 1.85 acres was purchased on 17-10-1996, no material is produced to support the contention of the assessee either before the lower authorities or before this Tribunal. Moreover, no material was found during the course of search operation. The assessee disclosed this additional income of Rs.2,46,000 in the return filed for the block period. Admittedly, this sum of Rs.2,46,000 was not disclosed earlier to the department and no material was also found during the course of search operation. It is a claim m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Shri C.R. Harish, the ld.representative for the assessee submitted that the assessee's wife was in possession of agricultural land and cultivated the same. The assessing officer restricted the agricultural income declared by the assessee's wife to the extent of Rs.1,12,000 and the same was treated as income of the assessee. According to the ld.representative, if at all there is any deficiency, it has to be added in the hands of the assessee's wife and not in the hands of the assessee. 9. We have considered the rival submissions on either side and also perused the material available on record. Admittedly, the assessee's wife is having agricultural land and receives agricultural income. The deficiency found in the cash flow statement of as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l was found during the course of search operation. According to the ld.representative, the personal expenses disclosed by the assessee were over and above the insurance premium, advance-tax and other taxes paid. Therefore, according to the ld.representative, the Commissioner of Income-tax(A) has rightly deleted the addition. 13. We have considered the rival submissions on either side and also perused the material available on record. The assessing officer rejected the claim of the assessee only on the ground that the personal expenses shown by the assessee is very low. No material was found during the course of search operation with regard to the personal expenses incurred by the assessee. In the absence of any material found during the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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