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TMI Blog2021 (3) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... of agriculture income by treating the same as unexplained cash credit. 3. Facts in brief are that the assessee filed return of income on 25/07/2011 by declaring income of Rs. 3,17,51,940/- which was processed u/s.143(1) of the Act. During the year, the assessee has shown agricultural income of Rs. 51,53,470/- in the return of income from sale of mango and various other vegetables. The assessee owned land measuring 913.3 guntha equal to 22.82 acres in Panvel, District Raigad. The AO found during the course of assessment proceedings that part of the land was not fit for agriculture operation by referring to 7/12 extracts downloaded from official Maharashtra Government website. Accordingly, notice u/s.133(6) of the Act was issued to Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplained cash credit which worked out to Rs. 10,30,694/- by framing assessment u/s.147 r.w.s. 143(3) of the Act. 4. In the appellate proceedings, the ld. CIT(A) dismissed the appeal of the assessee after taking into consideration the contentions and various arguments made during the course of appellate proceedings by observing and holding as under:- 5.2. The submissions of the Learned Counsel have been carefully considered. It is the contention of the Learned Counsel that the sales offered by the appellant are fully supported by bills, challans etc. but there is no mention of the same in the assessment order, nor have they been produced during the appellate proceedings. It is the contention of the Learned Counsel that the onus is on the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been brought to tax but is the unexplained cash credit. In fact, the claim of meager expenses by the assessee supports the contention of the AO in this year as it is probably a case of inflation of agricultural income. The assessee, in order to show high agricultural income, may be resorting to suppression of expenses. Incurring 2% expenses is highly improbable and unrealistic and earning Rs. 51.53 lacs of agricultural income from 10.3, acres of land is also quite high. The assessee in her submissions has refuted the reports of the inspector that they do not carry the departmental seal and they are not signed by any witnesses. Other than refuting the reports, the assessee has not furnished any evidence for the crops grown and the agricul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate proceedings. The ownership of land by the assessee is not in dispute and certain agricultural activity is also evidenced. But if the agricultural activity has yielded Rs. 51.53 lacs is not established. In view of the facts and circumstances discussed above, the disallowance of 20% of gross agricultural receipts is fair and reasonable and the same is upheld. This ground of appeal is DISMISSED. 5. After hearing the rival parties, in this case, we notice that undisputedly, the assessee is the owner of the land measuring 22.82 acres in Panvel, District Raigad. We note that the 7/12 extracts downloaded from the official website of Government of Maharashtra has categorized 70% of the land as not fit for agricultural operation. However, it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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