9911796707
TMI Blog2010 (1) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... ed declaring an income of ₹ 84,183/- being income from other source on account of interest from FDR and postal monthly income and also agricultural income was declared amounting to ₹ 7,75,200/-. The Assessing Officer considering the details of the gross receipt from sale of castor seed oil, paddy and wheat noted that assessee has cultivated approximately 55 Bhigas of land at Khandiakuva, Village:Bhimpura, Dhabhoi, which included agricultural land belonging his son as well as sister in law. The Assessing Officer noted discrepancy in the sale of castor and sale of wheat and accordingly treated the deference of ₹ 1,48,000/- rounding it at ₹ 1,50,000/- as income from non-agricultural source and made the addition accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt agricultural income which is not taxable. CIT(A) was, therefore, justified in deleting the addition of ₹ 3,45,356/- to the total income made by the AO because the assessee has no income taxable and agricultural income is not taxable. 7. In the case of Narendra Badjatiya Vs. ITO, ITAT, Indore, SMC-I, in ITA no.537/Ind/2006 in A.Y. 2003-2004, held in para.6 as under:- 6. I have considered the rival submissions and the material on record. I find that the Assessing Officer without bringing any material on record estimated the expenses on cultivation. The AO has not pointed out as to which of the expenditure is not supported by bill or voucher. The AO merely found that the expenses are very low. The AO used the expression that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income from the known sources. The income from these sources are specific and ascertained. Therefore, the assessee would have been left with the agricultural income which is exempt. The above decisions of ITAT Indore Bench, in the case of Smt. Shahenaj Bano (Supra) and Narendra Badjatiya (Supra) are clearly applicable to the above case. Sicne, the assessee has only agricultural income and Assessing Officer has not brought any evidence on record that assessee has income from other sources also, therefore, there is not reason to sustain the orders of the authorities below. We accordingly set aside the orders of authorities below and delete the addition of ₹ 1,50,000/-. 9. As a result, appeal of the assessee is allowed. Order pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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