9911796707
TMI Blog2017 (8) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... he lower authorities we accordingly admit them and accordingly remit the issue back to the file ld Assessing Officer to decide in accordance with the law along with the additional ground. In view of our decision on admission of additional evidences and additional ground raised by the appellant and further as all the grounds of appeal of the assessee are related to chargeability of agricultural income, we deem it fit and proper and in the interest of justice to set aside the all the grounds of appeal including additional ground to the file of the ld AO with a direction to reexamine the whole issues in view of additional evidence and after granting proper opportunity of hearing to the assessee. Appeal of the assessee is allowed for statistica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld CIT (A) by the appellant does not dispute that agricultural operations were carried out on the entire 37.26 hectares of agricultural land, but he holds that the assessee has earned agricultural income only from 5.31 hectares. • the order of the Ld CIT (A) is perverse as it is based on conjectures & surmises and ignoring voluminous relevant evidence tendered by the assessee. • in ignoring the land revenue records and other evidences with respect to having grown and sold floricultural and agricultural crops and also ignoring complete evidence in regard to farm expenses and land development expenditure in earlier years. • the Ld. CIT(A) holds on the one hand that the appellant had earned agricultural income of on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect to agriculture income granting relief to the assessee of ₹ 2056503/- for the reason that entire income cannot be taxed u/s 68 of the Act without excluding the expenses. The assessee aggrieved with the order of the ld CIT(A) and has preferred appeal before us raising above grounds. 3. The ld AR during the course of hearing raised an additional grounds of appeal by application dated 06.06.2016 raising following grounds of appeal:- "The ld CIT(A) has erred in computing the amount of peak credit at Rs. 8952198/- without taking into account the total expenditure of Rs. 5855933/- charged to the profit and loss account and agricultural income of Rs. 261500/- determined by him." 4. The additional ground raised by the assessee is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made an application under Rule 29 of ITAT Rules for admission of the following additional evidence. "it is humble prayer of the undersigned that the following evidence may kindly be taken on record. 1. Asst. order in the case of RS Singh Prop M/s. RS Enterprises passed by the ITO Bareilly for the Asstt. Year 2003-04 dated 18.11.2005 page 1-2 2. Copy of letter dated 02.05.2005 filed with AO page 3 3. Indian express report published on July 13, 2006 page 4 4. Assessment order u/s 143(3) in the case of the appellant for AY 2003-04 pg 5-7 5. Assessment order u/s 143(3) in the case of the appellant for AY 2004-05 pg 8-9 6. Assessment order u/s 143(3) in the case of the appellant for AY 2005-06 pg 10-11 As regards evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehemently objected to the admission of the above evidence submitting that these evidences are not relevant for deciding the issue. 10. We have carefully considered the rival contentions and perused the relevant evidences. We are also of the view that when the genuineness of the transaction with respect to agricultural income is raised and further they are newspaper reports as well as subsequent assessment orders where the agricultural income of the assessee has been established and accepted emphatically by revenue these orders do have relevance on the issue. In view of this as assessee is prevented by sufficient cause to produce these evidence before the lower authorities we accordingly admit them and accordingly remit the issue back to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of the impugned re-assessment order even though it is admitted by the Assessing Officer that the notice under section 143(2) of the Act was never issued or served on the Assessee. 5. The Ld. CIT(A) erred on the facts and in law in holding that the appellant's claim of exemption of income of Rs. 50,44,6157- u/s 10(1) of the Act 1961. 6. That on the facts and circumstances of the case, the Ld. CIT(A) erred in law by passing the order without application of mind and without considering the submissions (including written Submissions) made by Appellant during the course of proceedings and relevant evidence material placed on record. 7. That on the facts and in the circumstances of the case the Ld. CIT(A) erred in law by blindly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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