9911796707
TMI Blog2015 (7) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... ared incomes as under: A.Y. Date of filing Income (In Rs.) Agricultural Income (In Rs.) 2003-04 20-11-2003 22,450 3,03,744 2004-05 30-12-2004 30,100 3,03,744 2005-06 30-04-2006 91,800 3,29,077 2006-07 10-12-2006 95,730 3,43,954 2007-08 27-08-2008 4,51,900 4,95,373 2008-09 30-11-2009 (-) 33,742 5,58,018 3. Consequent to search and seizure operations u/s.132 of the Income Tax Act (Act) conducted on 17-09-2008 on assessee, notices u/s.153A of the Act were issued calling for returns of income and in response, assessee filed returns of income. Up to AY.2007-08 returns of incomes were filed again as was originally declared where as for the later two years, returns were filed in response to notice u/s.153A. As seen fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered. First of all, it is noticed that the appellant purchased the impugned land of 29 acre & 4 guntas of agricultural lands (2 acrs & 27 acres 4 gunts) and the same have been in its possession since 1997 though the registration did not take place and the registration took place in 2012 by the Officer appointed by the Principal Junior Civil Judge, Siddipet. Though the appellant claimed that it received net agricultural income from the cultivator, it could not file any documentary evidence such as lease agreement or any confirmation from the alleged cultivator or proof of cultivation of the land and agricultural produce or sale of the agricultural produce. It is not sufficient to establish the possession of agricultural lands to claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the authorities. As seen from the assessment order, there seems to be no enquiry by the Assessing Officer in the course of proceedings u/s.153A about the activities on agricultural land. His order is very cursory and does not indicate that Assessing Officer asked assessee to explain the sources or to furnish the evidence in support of the agricultural income. Prima facie action of AO in treating the declared agricultural income as 'income from other sources' cannot be justified, as assessee was not given any proper opportunity. Be that as it may, even the accepted income in AY.2006-07 was also treated as 'income from other sources' without even referring the order u/s.143(3) passed by the predecessor Assessing Officer. t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice, we set aside the orders in AYs.2003-04 to 2005-06 and 2007-08 to 2009-10 to the file of Assessing Officer to examine assessee's contentions in correct perspective. Assessee may be given due opportunity to explain the agricultural income earned. Assessing Officer is free to make necessary enquiries if required. With theses directions, the orders of authorities in six assessment years i.e., AY.2003-04, 2004-05, 2005-06, 2007-08, 2008-09 and 2009-10 are set aside to the file of Assessing Officer to redo it as per facts and law on the issue. 11. Ld.DR in the course of arguments relied on the judgments in the following cases for the proposition that AO is free to make enquiries and make additions u/s 153A: i. CIT Vs. Anil Kumar Bhati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
