9911796707
TMI Blog2015 (8) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... n by the assessee thereto clearly show that the claim of the assessee for agricultural income as declared in the returns of income for all the five years under consideration was examined by the A.O. after making specific enquiries and after having satisfied himself, the claim of the assessee was allowed by him. In our opinion, there was thus no error in the orders passed by the A.O. under section 143(3) read with section 153A and even if the Ld. CIT was of the opinion that the enquiries made by the A.O. on this issue were not sufficient, the same could not be a ground for revision under section 263 as held in the case of Spectra Shares & Scrips Pvt Ltd. vs. CIT (2013 (6) TMI 173 - ANDHRA PRADESH HIGH COURT ). - Decided in favour of assessee. Non initiating penalty proceedings under section 271D/271E for the violation of the provisions of section 269SS and 269T - Held that:- As it is observed that this issue is squarely covered in favour of the assessee by the decision of Kolkata Bench of this Tribunal in the case of M. Dhara & Broters vs. CIT-XVI, Kolkata (2015 (8) TMI 693 - ITAT KOLKATA) wherein it was held by the Tribunal by following the decision of Hon’ble Calcutta High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Agricultural Income 2007-2008 6,74,681 1,26,000 2008-2009 83,76,195 1,48,500 2009-2010 5,33,188 2,05,200 2010-2011 1,80,334 2,90,500 2011-2012 36,06,638 3,12,510 3. The record of the assessments made by the A.O. under section 143(3) read with section 153A for all the five years under consideration came to be examined by the Ld. CIT. On such examination, he was of the view that the assessments completed by the A.O. suffered from the following mistakes : i. It is observed from the balance sheet pertaining to A.Ys. 2007-08 to 2011-12 that the assessee was not having any agricultural lands, but, the assessee had shown agricultural income. Further, there was no proof of incurring agricultural expenditure and sale patties etc. The A.O. while completing the assessment has not verified the issue and failed to bring the agricultural income to tax as income from other sources . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he HUF of the assessee A.Y. 2008-09 ₹ 2,16,100 Received from I. Kavitha A.Y. 2009-10 Rs.2,14,989 Received from Sri I.V. Nanda Gopal A.Y. 2010-11 Rs.10,66,212 Received from the HUF of the assessee A.Y. 2011-12 There are no cash receipts/cash payments in contravention to the provisions of Sec.269SS and 269T of the Act. The above parties, from the whom the assessee received amounts, were also assessed to income tax separately. Further, at the time of search, the search authorities have not disturbed anything about the loans obtained in cash as well as repayment of such loans in cash. 3.2. The above explanation of the assessee was not found acceptable by the Ld. CIT. According to him, the A.O. while passing orders under section 143(3) read with section 153A had neither examined nor made any enquiries in proper perspective on both the issues pointed out by him in the notices issued under section 263 and such non-examination made the orders pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 263 on the ground that the A.O. did not initiate any penalty proceedings under section 273(a) while making the assessment. 6. The learned D.R. on the other hand, strongly relied on the impugned order passed by the Ld. CIT under section 263 and contended that in the absence of necessary enquiries conducted by the A.O. during the course of assessment proceedings on both the issues pointed out by the Ld. CIT in the notices issued under section 263, the assessment orders passed by the A.O. for all the five years under consideration were erroneous as well as prejudicial to the interests of the revenue calling for revision under section 263. 7. We have considered the rival submissions and also perused the relevant material on record. As regards the first error allegedly pointed out by the Ld. CIT in the orders passed by the A.O. under section 143(3) read with section 153A of the Act for all the five years under consideration that the issue relating to the assessee s claim for agricultural income was accepted by the A.O. without making necessary enquiries, it is observed that in the common questionnaire issued by the A.O. on 30th July, 2012 (copy placed at page Nos. 28 to 33 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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