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TMI Blog2014 (9) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... to the direction issued by the CIT (A) - there was no occasion for the CIT to pass an order u/s 263 of the Act – there was no reason to interfere with the order passed by the Tribunal – Decided against revenue. - Income Tax Appeal No. -140 of 2003, Income Tax Appeal No. - 198 of 2004 - - - Dated:- 19-8-2014 - Hon'ble Tarun Agarwala And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : A. N. Mahajan, Ashok Kumar, Bharatji Agarwal, D. Awasthi, G. Krishna, R. K. Upadhaya, S Chopra For the Respondent : P. K. Jain ORDER 1. Both the appeals are filed by the Department against the impugned order dated 27th March, 2003 passed by the Income Tax Appellate Tribunal in I.T.A. No.1609/Del/2002; and order dated 16th Jun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) of the Act. Later, the matter was selected for scrutiny and an order was passed under section 143(3). The A.O. observed that agricultural income of ₹ 13,84,952/- shown by the assessee is not genuine and wrongly shown under the garb of agricultural receipt. So, he has made the addition. Being aggrieved, the assessee has filed an appeal before the first appellate authority who set aside the assessment order and remanded the matter to the Assessing Officer for fresh adjudication, as per the direction mentioned in the order. 6. In pursuance to the direction, the Assessing Officer has made a fresh assessment order dated 21.2.2002 and accepted the genuineness of the agricultural income shown by the assessee. The A.O. mentioned in his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order passed under Section 263 that the A.O. did not make inquiry as per the direction of C.I.T. (A) but without mentioning any reason. From the record, it also appears that the A.O. while making denovo assessment, as per the order of the C.I.T. (A), has made the necessary inquiry pertaining to the sale of agricultural produce by M/s Shiva Bhandar. If there was an ambiguity then the addition was supposed to be made in the hands of M/s Shiva Bhandar who has sold the agricultural produce and not in the hands of assessee. In the instant case, the assessee has taken land on lease and earned fixed income by selling agricultural produce to M/s Shiva Bhandar who further sold to M/s Food Department. Undoubtedly, the land was used for the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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