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TMI Blog2018 (10) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... ion carried out by him. Therefore, we are of the view that the Income-tax Authorities have correctly held that the assessee was not in receipt of ₹ 12,36,000 as agricultural income. Having held ₹ 12,36,000 as not agricultural income, the sum that is credited to the book of account has to be necessarily added as income from other sources u/s 68 of the I.T.Act. - Decided against assessee - ITA No.172/Coch/2018 - - - Dated:- 4-10-2018 - Shri Chandra Poojari, AM And Shri George George K, JM For The Appellant : Sri.R.Sreenivasan For The Respondent : Smt.A.S.Bindhu, Sr.DR ORDER Per George George K, JM This appeal at the instance of the assessee is directed against CIT(A) s order dated 22.03.2018. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... totally disallowed. Accordingly assessee s claim of ₹ 12,36,000/- from income from agriculture is brought to assessment as unexplained cash credits u/s 68 of the Income-tax Act under the head income from other sources. Addition comes to ₹ 12,36,000/- Penalty proceedings u/s 271(1)(c) initiated. 4. Aggrieved by the assessment completed, the assessee preferred an appeal to the first appellate authority. The CIT(A) confirmed the addition made u/s 68 of the I.T.Act. The relevant finding of the CIT(A) reads as follows:- 4.1 The facts of the case, the grounds of appeal and the arguments of the assessee have been considered. The Assessee has shown an amount of ₹ 12,36,000 as income from Agriculture. During the course ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as categorically concluded by the Assessing Officer that the assessee has not produced any documentary evidence to show that he was in receipt of agricultural income on account of operation conducted by him on the said family properties. The categorical findings of the Assessing Officer in these regards are reproduced below for ready reference:- 3. During the course of assessment, the assessee was required to furnish details of agricultural income of ₹ 12,36,000/- offered for rate purpose during the year. As per the details furnished by the assessee, the agricultural income offered for rate purposes is in respect of 6 items of properties and total income from agriculture derived at is ₹ 2,22,04,000/-- as per the claim. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is not having any share in the properties Devagiri in Tamil Nadu and Koodal Rubber Estate in Kerala. 5. The total agricultural income from the remaining 5 items of the property has been worked out at ₹ 23,85,300/-. In respect of all the 5 items of the properties, copies of the title deeds have also not been produced. No evidences had been produced substantiating the income claimed. Hence, the assessee's claim cannot be accepted. Whereas in the assessment of Shri George Alexander and 2 others, the Ld. Joint Commissioner of Income Tax, Thiruvalla Range, thiruvalla has limited the claim of ₹ 23,85,300/- to half of it viz ₹ 11,92,650/- and further divided into 5 and1/5th of ₹ 22,92,650/- viz ₹ 2,38,530 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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