9911796707
TMI Blog2015 (11) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... hout disproving the activities carried by the assessee, simply rejected the explanation without making any inquiry or investigation. If at all the Assessing Officer has doubted the certificate issued by the Village Administrative 2Officer, the Assessing Officer having every power to examine him under section 131 of the Act. The Assessing Officer has not done any positive ac to disprove the facts submitted by the assessee. Under these facts and circumstances,the income earned by the assessee is an agricultural income and accordingly, the same is exempt under the Income Tax Act. - Decided in favour of assessee. - I.T.A.No.276/Mds/2015, I.T.A.No.277/Mds/2015, I.T.A.No.278/Mds/2015, I.T.A.No.279/Mds/2015 - - - Dated:- 19-8-2015 - Shri V. Dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. In response to that, the assessee has submitted that it owned 40.43 acres of agricultural land at Veeravanallur village, Ambasamudram Taluk, Tirunelveli District purchased in the year 1993. The assessee has further stated before the Assessing Officer that during the previous year, the land had yielded paddy in 8.1 acres and casuarina in 11 acres and sold in the local market. It was also submitted that casuarina was sold for ₹ 1,25,000/- and also filed details of lorry weigh bridge tokens. However, the Assessing Officer has not satisfied with the explanation given by the assessee and further asked the assessee to produce the land revenue records relating to the lands owned by the assessee from Revenue Authorities such as Patta, C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seeds, fertilizers, pesticides, details of wages to labours and also submitted that no details were maintained by the assessee. He has strongly supported the orders passed by the authorities below. 8. Both sides have been heard, perused the materials available on record and gone through orders of authorities below. The assessee owned 40.43 acres of agricultural land at Veeravanallur village, Ambasamudram Taluk, Tirunelveli District purchased in the year 1993. The assessee filed return of income by declaring NIL income. When the Assessing Officer has called for details of income earned, the assessee has admitted ₹ 1,40,000/- earned from the agricultural activities and claimed expenses of ₹ 32,504/- and the remaining income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prove that it has been carried cultivation of paddy, casuarina. The Assessing Officer, without disproving the activities carried by the assessee, simply rejected the explanation without making any inquiry or investigation. If at all the Assessing Officer has doubted the certificate issued by the Village Administrative Officer, the Assessing Officer having every power to examine him under section 131 of the Act. The Assessing Officer has not done any positive ac to disprove the facts submitted by the assessee. Under these facts and circumstances, I am of the opinion that the income earned by the assessee is an agricultural income and accordingly, the same is exempt under the Income Tax Act. Therefore, the appeal filed by the assessee is allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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