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TMI Blog2020 (5) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... f varieties to which the rates in the range of ₹ 55 to 60 per k.g are to be applied. In view of the facts and circumstances, we observed that it will be appropriate to take average of the rate as per the rate quoted by the assessee and average rate adopted by the assessing officer at ₹ 67 per kg. (₹ 76 + ₹ 58). After taking average of rate adopted by the assessee and average rate adopted by assessing officer at ₹ 67 per kg the total income from sale of ₹ 28,370 kg of kismis is determined at ₹ 1900790/- (28370 x67) as against sale price of kismis adopted by the assessee at ₹ 21,59,111/-, therefore, we restrict the disallowance to the extent of ₹ 2,58,321/- as against disallowance of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance amount of agricultural income to the extent of ₹ 10,31,686/- was added to the total income being income from other sources. The ld. CIT(A) has sustained the aforesaid addition. The ITAT vide its order in ITA 1043 1044/Ahd/2010 dated 28-08-2015 has set aside the issue of agricultural income for re-examination to the file of the assessing officer. Thereafter, the assessing officer has completed assessment u/s. 143(3) r.w.s. 147 r.w.s. 254 of the act on 30th December, 2016. During the course of assessment, the assessee was asked to justify the source of agricultural income along with documentary evidences. The assessee has submitted agricultural land holding documents and other detail related to agricultural income. On perus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inimum of ₹ 60 to maximum of ₹ 100 to the amount of ₹ 21,59,390/- as reproduced at page no. 4 of the assessment. The assessing officer has stated that the average rate of the sale price comes to ₹ 76.11. To verify the rates quoted by the assessee, the assessing officer has issued notices u/s. 133(6) of the Act to the Director of National Research Centre for grapes, Pune (which works under Indian Council of Agricultural Research, Government of India). As per the information received, it was reported that in Hiraj Village, District Solapur the production of grapes was around 15 to 16 per tonnes/ acre and kismis yield was 4 to 4.10 tonnes/acre and average rates of kismis was around 55 to 60 per kg. as provided by the Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. The Co-ordinate Bench has also referred the certificate of land holding furnished by the assessee which required to be re-examined by the assessing officer by the above observation, the case is remitted to the file of assessing officer for deciding the issue afresh. During the course of set aside proceedings, it is reported that as per certificate 7/12 the assessee was having total land holding around 70 acres and as per certificate No.12, the assessee has used 18 acres of land for cultivation of grapes and 45 acres of land was used for cultivating other items like Amala etc. During the year out of opening stock of kismis of 42244 kg the assessee had sold 283370 kg of kismis on various dates at the sale price in the range of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee and average rate adopted by assessing officer at ₹ 67 per kg the total income from sale of ₹ 28,370 kg of kismis is determined at ₹ 1900790/- (28370 x67) as against sale price of kismis adopted by the assessee at ₹ 21,59,111/-, therefore, we restrict the disallowance to the extent of ₹ 2,58,321/- as against disallowance of ₹ 4,56,911/-made by the assessing officer. Therefore, this appeal of the assesse is partly allowed. ITA No. 1645/Ahd/2018 7. Without reiterating the facts as cited above while adjudicating the appeal of the assessee vide ITA No. 1644/Ahd/2018 the total disallowance in the case of assessee is determined at the average of the two averages rates adopted by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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