9911796707
TMI Blog2022 (8) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessment Year 2014-2015. 2. The only issue raised by the assessee is that learned CIT erred in confirming the order of the AO by sustaining the addition of agricultural income of Rs. 50,34,653.00 treating the same as unexplained cash credit under section 68 of the Act. 3. The facts in brief are that the assessee in the present case is an individual and a partner in the firm under the name and style of M/s Arihant Jewellers. The assessee, besides the remuneration and share of profit from the partnership firm, has also shown agriculture income amounting to Rs. 50,34,653.00 in the year under consideration which was included in the total income for rate purposes and thereafter the same was claimed as exempted. It was submitted that she h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut by the assessee. Though the land was acquired the in the period beginning from June 2013 to September 2013 but the assessee has shown agriculture income even prior to the acquisition of the agricultural land which was not possible. 4.1 In view of the above, the AO was of the opinion that the agricultural income shown by the assessee is not actually representing from the agricultural operations and therefore the same was treated as unexplained cash credit under section 68 of the Act. Thus, the AO made the addition of Rs. 50,34,653.00 to the total income of the assessee. 5. Aggrieved assessee preferred an appeal to the learned CIT-A. 6. The assessee before the learned CIT-A submitted that she has furnished the details of the ownerships ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpenditure for the agricultural produce. From the pictures which are part of the assessment order, it is very much clear that these lands are barren land. The AO has also asked the assessee to furnish the details of nature of crop cultivate and their output. However, no such details were furnished by the assessee. During the appellate proceedings, the appellant has only contended that the agricultural income is genuine and it has been proved through the sale bills. However, the sales made to one party Jalarm Agro Industries was no proved during the assessment proceedings. All other facts clearly show that the agriculture income shown by the appellant is non-genuine one. Considering all these, the action of the AO is justified and addition i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee in support of his contention has filed the additional documents in the form of affidavit is of the parties from womb the land was purchased. The 1st controversy that arises before us to adjudicate the admission of the additional evidences filed by the assessee vide letter dated 17 May 2022 which is placed on record. Pursuant to provisions of sub-section (5) of section 255 of the Act, the ITAT Rules, 1963 ("the Appellate Tribunal Rules") have been formulated. Rule 8(4) and Rules 29, 30 & 31 of the Appellate Tribunal Rules are relevant for the discussion which deal with production of additional evidence before the Tribunal. a. RULE 8 - PREPARATION OF PAPER BOOKS, ETC. Sub-rule (4) of Rule 8 provides that the additional evidence, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after compliance send the document, the record of the deposition of the witness or the record of the evidence adduced to the Tribunal. In the case of CIT v. Smt. Kamal C. Mahboobbani [1995] 214 ITR 15/81 Taxman 311 (Bom.), the Bombay High Court held as under:- "We are of the opinion that rule 29 does not confer any right on the parties, as such, to produce any additional evidence either oral or documentary before the Tribunal. On the other hand, such a right has specifically been taken away by prohibiting the production of the additional evidence by the parties. The power has been vested only in the Tribunal to require production of any document or evidence if it is of the opinion that it is necessary to do so to enable it to pass order ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
