2016 (5) TMI 1299

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pute or doubt about the agricultural income from the said land. There is three corps in the entire one year period and accordingly, income has to be estimated. The assessee claimed that one crop gives income of roughly at ₹ 5 lac and for three crop it becomes ₹ 15 lac. The assessee claimed that it has rightly declared agricultural income at ₹ 15,40,370/-. We are of the view that this is excessive agriculture income declared by the assessee. But, the agriculture income cannot be taken at nil. In view of the fact that the assessee is holding agriculture land of five acres in Punjab, the income of the entire year can be estimated at ₹ 10 lac. The balance will be treated as income from other sources. We order accordingly .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... onfronted to Ld. Sr. DR he fairly conceded that the delay can be condoned. In view of the above, we condone the delay and admit the appeal. 3. The only issue in this appeal of assessee is against the order of CIT(A) confirming the addition made by AO treating the agricultural income as income from other sources amounting to ₹ 15,40,370/-. 4. We have heard rival submissions and gone through facts and circumstances of the case. Briefly stated facts are that the assessee claimed that he has earned agricultural income at ₹ 15,40,370/- and the AO during the course of assessment proceedings required the assessee to file details of land holding and other details in support of agriculture produce. The assessee claimed that he is t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ication. AO was of the view that the agricultural income shown by the assessee not possible on such small holdings of land. Ld. Counsel for the assessee submitted that the crops produced there were paddy, beat, rice and sugar cane and vegetable as bye products. The land is irrigated with the irrigation facilities and is situated in Raikot, Ludhiana. The land was being irrigated by the assessee through local labour employed. The crop is being recorded by the Local Patwari which the AO could have verified by issuing summons. No doubt the assessee were not having any direct evidence of the sale of the agricultural produce but the extent of land itself suggest that the assessee earned agricultural income from the said land, doing so, when the e .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X