9911796707
TMI Blog2014 (12) TMI 1391X X X X Extracts X X X X X X X X Extracts X X X X ..... ilgiri trees which were planted in 1982-83, it is quite reasonable to assume that atleast 5000 saplings of Eucalyptus trees/Nilgiri trees will grow into full trees in the year 1990-91 relating to AY 1991-92 which could be cut and sold because as per the certificate issued by the Range Forest Officer no permission is required for cutting and sale of Eucalyptus trees/Nilgiri trees. Tribunal as well as CIT(A) are justified in coming to the conclusion that there is no merit in the appeals filed by the Revenue. The assessee HUG owns fertile agricultural land having irrigation facilities from which agricultural income has been shown and accepted by the revenue in earlier years also and the fact of assessee having been alloted agricultural land an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other agricultural produce. The Assessing Officer accordingly made an addition as assessee's income from other sources which according to the AO was introduced in the books of account as agricultural income not liable to tax. On appeal, the CIT (Appeals) deleted the addition. 3. On appeal before the Tribunal by the revenue, by the impugned order, Tribunal dismissed the appeals and upheld the findings of CIT(A). Being aggrieved and dissatisfied with the impugned order passed by the Tribunal, the revenue has preferred the present Tax Appeals for consideration of the aforesaid substantial questions of law. 4. Mr. Sudhir Mehta, learned advocate appearing for the revenue has submitted that the Tribunal has erred in directing the AO to accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he year 1990-91 relating to AY 1991-92 which could be cut and sold because as per the certificate issued by the Range Forest Officer no permission is required for cutting and sale of Eucalyptus trees/Nilgiri trees. 6.2 In view of the aforesaid, we are of the opinion that the Tribunal as well as CIT(A) are justified in coming to the conclusion that there is no merit in the appeals filed by the Revenue. The assessee HUG owns fertile agricultural land having irrigation facilities from which agricultural income has been shown and accepted by the revenue in earlier years also and the fact of assessee having been alloted agricultural land and 15000 Eucalyptus trees/Nilgiri trees in the year 1982-83 has been certified by Range Forest Officer. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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