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TMI Blog2014 (1) TMI 1292X X X X Extracts X X X X X X X X Extracts X X X X ..... levant record and information from the Income Tax record of the Shri Rajender Singh Khetasar as well as from any other source can arrive at the appropriate decision - None of the observations will preclude the Assessing Officer from making additions if on the basis of facts and circumstances of the case, the Assessing Officer establishes that the amount received represented income of the assessee – Decided in favour of Assessee. - ITA No.3243/DEL/ 2012 - - - Dated:- 26-7-2013 - Shri Rajpal Yadav And Shri T. S. Kapoor,JJ. For the Petitioner : Shri Ved Jain, CA. Shri V. Mohan, Adv. For the Respondent : Ms. Renuka Jain, DR. ORDER Per T. S. Kapoor, AM:- This is an appeal filed by the assessee against the order of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed without fully appreciating the explanations and evidences furnished by the assessee to prove that the income is from agricultural operation. 5. The appellant craves leave to add, amend or alter any of the grounds of appeal." 2. The assessee has taken 5 grounds of appeal but the effective grounds of appeal are only two. The first grievance of the assessee is that Ld. CIT (A) has upheld the addition of Rs.1,40,00,000/- which was received from one Mr. Khetasar on the belief that the said amount represented as his share of commission income. The assessee is further aggrieved with the confirmation of addition of Rs.6,37,777/- as income from other sources instead of agricultural income as declared in his return of income. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esar assessee were earning commission income. The contention of the assessee that the acquisition of land was not completed and, therefore, commission had not become due was not accepted. Regarding receipt of Rs.1,40,00,000/- it was submitted by the assessee that the same was received as friendly loan. Similarly it was contended that agreements could not be completed as the land procured was disputed and M/s PACL India Ltd. had filed criminal proceedings for recovery of amounts given as advance to Shri Rajender Singh Khetasar. 5. The Assessing Officer further made an addition of Rs.8,37,777/-, which the assessee had declared as agricultural income. The Assessing Officer observed that assessee had declared agricultural income from sale o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Rs. 2 lacs. 7. Aggrieved, the assessee is in appeal before us. At the outset, the Ld. AR submitted that the appeal of the assessee is covered by the ITAT order in his own case in the assessment year 2007-08 and our attention was invited to copy of Tribunal order placed at paper book page 87 onwards. He further submitted that in the earlier year the assessee had received an amount of Rs.62,50,000/- from the same person. Shri Rajender Singh Khetasar though the same agreement and the Tribunal had remitted the file back to the office of Assessing Officer for readjudication. 8. Continuing his submissions, he stated that facts and circumstances of the case are similar as in the earlier year. Therefore, it was prayed that this appeal can als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for purchase of land and commission. We also find that Shri Rajender Singh Khetasar had since died and assessee had not returned the money to Shri Rajender Singh Khetasar despite a period of 5 years had elapsed between date of payment and appellate proceedings as noted by Ld. CIT (A). 14. Though the Ld. CIT (A) had confirmed and upheld the additions, made by Assessing Officer, on account of payment of Rs.62,50,000/- by Shri Rajender Singh Khetasar to assessee but vital facts has been ignored both by Assessing Officer and Ld. CIT (A) and these are that as per agreement the commissions was to be shared as 50:50 but despite the fact that Shri Rajender Singh Khetasar had declared commissions income of Rs.7,18,55,600/- the Assessing Officer to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by Assessing Officer. The Assessing Officer on the basis of relevant record and information from the Income Tax record of the Shri Rajender Singh Khetasar as well as from any other source can arrive at the appropriate decision. None of our observations will preclude the Assessing Officer from making additions if on the basis of facts and circumstances of the case, the Assessing Officer establishes that the amount received represented income of the assessee. 12. Regarding second ground of appeal with respect to agricultural income, the same is also remitted back to be readjudicated by Assessing Officer again on the basis of actual agricultural records. Needless to say that necessary opportunity will be given to the assessee of being ..... X X X X Extracts X X X X X X X X Extracts X X X X
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