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TMI Blog2022 (4) TMI 681X X X X Extracts X X X X X X X X Extracts X X X X ..... n law and fact in confirming the addition of Rs. 7,22,991.00 instead of deleting fully, as assessee is having agriculture income and no any business income, therefore treating business income without any basis is wrong and unjustified, the impugned order is bad in law and facts. 2. That Appellant crave leaves to add, amend or alter all or any of the grounds of Appeals on or before the date of hearing." 3. The brief facts of the case are that the assessee is engaged in agriculture produce and the same was sold during the year under consideration. However, the AO has not treated it as agriculture income and made addition of Rs. 7,22,991/-. The relevant observation of the A.O. in not considering the submissions of the assessee as to additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was after four years from the date of processing. Hence, the application was rejected. The application u/s 154 of the Act was filed by the appellant on 10.01.2019, which is beyond the time allowed under the Act, i.e.beyond 4 years from the date of processing by CPC. In view of above, it is held that the AO was justified in not entertaining the application u/s 154 of the Act. The MAT was rightly levied as the assessee company had filed ITR for AY 2011-12 declaring a loss and had declared business income in the ITR. The impugned order u/s 154 passed by ld. AI is upheld. Ground of appeal 1 is dismissed." 5. Being aggrieved by the order passed U/s 154 of the IT Act by the CIT(A), the assessee preferred an appeal before us. The Ld AR f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that another illness copy of some admission and discharge and other treatment prescription are also enclosed for your ready reference. Further also assesse his suffering from memory loss. That CIT Appeals has also upheld the order of Ld. A.O. without considering the facts of Assesse Company, that Assesse Company is deriving income from agriculture only and not having any other business income. Ali the facts of the case submitted before CIT Appeals, regarding agriculture income. It is brought to your notice that assessee company derived income from Agriculture produce Rs. 7, 55,540/- and In this regard assesse would like to state that in the A.Y. 2011-12 audit was done by auditor on 30/08/2011 U/s 115JB, but during the year under consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erial available on record. The Bench observed that the assessee is engaged in agriculture produce and the same was sold during the year under consideration. However the AO has not treated as agriculture income. The assessee has filed application under Section 154 of the Act on 10.01.2019 mentioning therein that the assessee company has shown income of Rs. 7,22,991/- which is exempt from tax. The prayer of the assessee is that application filed by the assessee under section 154 of the Act was not properly disposed off without providing adequate opportunity to the assessee. In the interest of equity and justice, the appeal of the assessee is remand to the file of the CIT (A) to decide it afresh by providing adequate opportunity of hearing to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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