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TMI Blog2022 (9) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... re of agricultural activity, rather it seems to be a place used as farm house and the expenses incurred are for the maintenance of the said farm house. It is not the case that the assessee has carried out agricultural activity and for earning income from agriculture some expenses have been incurred rather situation is inverse. The expenses incurred are much higher and does not match with the agricultural activity. All the grounds raised by the assessee are dismissed. - ITA No. 60/Kol/2022 - - - Dated:- 26-8-2022 - SHRI MANISH BORAD , ACCOUNTANT MEMBER By Appellant : Shri Sandeep Agarwal , FCA , Ld. AR By Respondent : Shri Biswanath Das , CIT , Ld. DR ORDER The above captioned appeal is directed at the instance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer without appreciating the facts that the Assessing Officer completely ignored the provisions of Section 10(1) read with Section 2(1A) of the Income Tax Act, 1961. As per Section 2(1A)(c), Agriculture Income includes any income derived from the building owned occupied by the receiver of the rent or revenue of any such land provided that the building is on or in the immediate vicinity of the land and is used as a dwelling house or as a store house of the agriculture produce. 4. That on the facts and in the circumstances of the case and in law the Ld. CIT(A) grossly erred in confirming the actions of the Assessing Officer without appreciating the facts that actual usage of the building should matters. Mere nomenclature of the build ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal only against the addition for deemed income from house property of Rs.4,62,792/-. 6. The Ld. Counsel for the assessee submitted that the assessee company owns a agricultural land, wherein small portion is constructed. The main activity is agriculture, income from agriculture is shown consistently and the expenditure incurred on the said farm house are disallowed in the computation of income. It was submitted that since the assessee is earning agricultural income from the said land, no addition for deemed income from house property called for. The Ld. Counsel for the assessee also referred to various details filed in the P.B containing 46 pages. 7. Per contra, Ld. Departmental Representative ( Ld. DR) vehemently argued supporti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tural activity, rather it seems to be a place used as farm house and the expenses incurred are for the maintenance of the said farm house. It is not the case that the assessee has carried out agricultural activity and for earning income from agriculture some expenses have been incurred rather situation is inverse. The expenses incurred are much higher and does not match with the agricultural activity. Under the given facts and circumstances of the case, I do not find any merit in the contentions of the Ld. Counsel for the assessee and thus fail to file any infirmity in the following findings of the ld. CIT(A). 4.3.1 I have carefully gone through the submission of the Appellant. I have also gone through the records and facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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