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TMI Blog2017 (6) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee is dismissed as not pressed. 4. Briefly the facts of the case are that notice under section 148 of the Act was issued in this case on 29.03.2012. In response to this, Income Tax Return was filed on 13.02.2013 declaring 'nil' income. The Assessing Officer issued notices to the assessee for completion of re-assessment proceedings. The Assessing Officer passed the re-assessment order under section 143(3)/147 of Income Tax Act on 22.03.2013. The Assessing Officer asked the assessee to produce documentary evidence in response to the transactions of cash deposits made in the bank account during the year under consideration. The assessee submitted copy of the pass-book. From the perusal of the Saving Bank account No. 01190002762 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come in the return of income and also could not produce documentary evidence regarding agriculture expenses which were made by him to earn agriculture income. In the absence of proper reply/evidences, the amount of peak deposits/funds available with the assessee as on 27.05.2004 was worked out to Rs. 8,71,000/- and same were treated as unexplained investment made out of undisclosed source and added to the income of the assessee under section 69 of the Act. Further, from the perusal of the bank statements of the assessee, it was noticed that assessee has earned interest of Rs. 2,990/- during the period under consideration which was not reflected in the return of income, same was also added to the income of the assessee. 5. The assessee chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITR 167 in which it was held that, " In case of the proceedings initiated under section 143(3) read with Section 147, requirement of issue of notice under section 143(2) is mandatory and Section 292BB does not in any manner grant any privilege to Assessing Officer in dispensing with the issuance of such a notice". On the other hand, ld. DR submitted that there is no need to issue notice under section 143(2) when assessment is framed under section 148. 7. On consideration of the rival submissions, I do not find any merit in this ground of appeal of the assessee. There is no quarrel with the legal proposition submitted by the ld. counsel for the assessee that issue of notice under section 143(2) of the Act is mandatory even for passing re-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances of the case, the judgements relied upon by ld. counsel for the assessee would not support the case of the assessee because in these cases, returns were filed within the period of limitation. In this view of the matter, this ground of appeal of the assessee is dismissed. 8. On ground No. 3, assessee challenged the addition of Rs. 8,71,000/- under section 69 of the Act. The ld. counsel for the assessee submitted that assessee is agriculturist and had taken agricultural land on contract basis from his father and four brothers in village Talwara, Ellenabad near about 35 acres and 13 acres from Smt. Janak Kumari w/o Shri Sat Pal Mehta in financial year 2005-06. The assessee received agriculture produce near about 11 to 13 lacs in a year. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulture produce of about 12-13 lacs against which Form-J have been issued. Since firm was closed earlier, therefore, records were not produced. PB-53 is copy of the statement of Shri Om Parkash, Stamp Vendor which were recorded by Assessing Officer in which he has confirmed selling stamp papers to the owner of the land Shri Gian Chand on which agreement for cultivation was recorded (PB- -21). The ld. counsel for the assessee, therefore, submitted that assessee proved the earning of agriculture produce therefore, no adverse inference should be drawn against the assessee. On the other hand, ld. DR relied upon orders of authorities below. 9. After considering rival submissions, I am of the view addition is wholly unjustified. The assessee prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the register of agents showing sale of agriculture produce and copies of J-forms issued by them. The owners were having title over the agriculture land to give through contract is also established through Jamabandi which is in their names. These evidences are sufficient to hold that assessee established earning of agriculture income which were deposited in the bank account of the assessee. The Assessing Officer has not brought any evidence on record to disbelieve the evidences furnished by the assessee on record of the revenue. 10. In the totality of the facts and circumstances of the case and evidences on record, I am of the view assessee has been able to prove earning of genuine agriculture income which were only source of income for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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