9911796707
TMI Blog2013 (11) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... 998-99 rather it corroborates ld. Counsel's contention. Assessee has pleaded his inability in producing the details of agriculture income before lower authorities due to lapse of time. No additional evidence is filed before us, however, a prayer is made that the facts on record indicate the assessee having earned agriculture income, alternatively agricultural income may be estimated. In the facts and circumstances of the case, record demonstrates a fact that assessee had grown and sold saffeda trees on 7 acres of this road side land during the period relevant to A.Y. 1998-99 – 50% of the income treated as agriculture income - Decided partly in favor of Assessee. - ITA No. 1216/Del/2006 - - - Dated:- 6-9-2013 - Shri R. P. Tolani And Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessing officer rejected the claim of impugned agricultural income by following observations: "The facts and circumstances of the case in the year under consideration are the same. I hold that no cultivation of saffeda trees is being undertaken by the assessee on which agriculture income of Rs. 8,00,000/- has been claimed to be earned because the local inquiries from other residents of village Anangpur had confirmed that the saffeda trees grown by Sh. Mahipal Singh were cultivated along the road side and were cut 4-5 years back. Under the circumstances the agriculture income is nothing but income of the assessee from undisclosed sources and is added to the income of the assessee. Penalty proceedings u/s 271(1)(c) for filing inaccurate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nearly an impossibility. I have no reason to differ from the conclusion drawn by my predecessor in appeal no. 08/03-04 order dated 13-01-2004 and in this year also the appellant had failed to establish the cultivation of saffeda trees and has also failed to establish that the cash receipts were on account of the sale of saffeda trees. Hence, under the circumstances, the action of the AO holding the income of Rs. 8 lakhs from undisclosed sources is upheld." Aggrieved, assessee is before us. 3. In the meanwhile appeal for A.Y. 2000-01 came to be decided by the ITAT vide order dated 30th June 2008 in ITA no. 1419/Del/2004. The ITAT upheld the finding of lower authorities in this behalf by following observations: "14. ..... We are, there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he effect that assessee has already claimed to have earned Rs. 8 lac and Rs. 9 lacs in immediately two preceding years which includes A.Y. 1998-99 and hence is no specific finding has been given about there being no saffeda trees or no agricultural income in earlier years. Therefore, the ITAT's finding impliedly supports assessee's claim that agriculture income was earned in preceding years and as the trees were held to cut, no agriculture income was allowed in A.Y. 2000-01. Ld. Assessing officer and CIT(A) have relied on the report of an Inspector who was sent to verify the status of the agriculture income of the assessee in the year 2000-01. The Inspector submitted a report on 18-12- 2003 on the basis of local inquires i.e. after 5 years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bout sale of saffeda trees which pertained to impugned year. 4.1. In view of these facts, ld. Counsel contends that assessee's agriculture income may be accepted or in alternate reasonably estimated. At the time of reassessment already long time having elapsed between the earning of agriculture income and the Inspector's inquiries, assessee was not able to produce the relevant record. The above facts clearly establish that assessee had cut and sold the saffeda trees from the 7 acres of agriculture land. 5. Ld. DR vehemently supports the orders of lower authorities and contends that ITAT has already held that there was no agriculture income, the addition should be sustained. Besides, the assessee has failed to produce any record whatsoev ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
