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TMI Blog2023 (4) TMI 997X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, we direct the Ld.AO to delete the addition. Decided in favour of assessee. Addition of agricultural income - contention of the Ld.AR that the assessee is deriving agricultural income from Ac.29.76 cnts owned by her but the AO rejected the contention of the assessee holding that the assessee has not produced revenue records in support of her claim - HELD THAT:- We find, that the Ld.CIT(A) has rightly estimated the agricultural income of the assessee basing on the valid proposition. Hence, we do not find any infirmity in the order passed by the Ld.CIT(A) and dismiss the appeal of the assessee on this ground - I.T.A. No. 101/Viz/2019 to 103/Viz/2019 And I.T.A. No. 98/Viz/2019 to 100/Viz/2019 - - - Dated:- 21-4-2023 - Shri Duvvuru Rl Reddy, Hon ble Judicial Member And Shri S Balakrishnan, Hon ble Accountant Member For the Appellant : Shri GVN Hari, AR For the Respondent : Shri M.N.MurthyNaik,CIT(DR) ORDER PER SHRI S.BALAKRISHNAN, ACCOUNTANT MEMBER : Condonation of Delay : These appeals are filed by the assessees against the orders of Commissioner of Income Tax (Appeals) [CIT(A)]-3, Visakhapatnam dated 15.10.2018 for the Assessment Years (A.Ys. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following additions (a) Undisclosed / unaccounted income - Rs.62,48,500 (b) Deposits in bank accounts - Rs,25,57,294/- 3. Aggrieved by the above additions, the assessee filed an appeal before the CIT(A). Before the Ld.CIT(A), the assessee s representative submitted the same documents as filed before the Ld.AO. The Ld.CIT(A), after considering the submissions, accepted the same that the assessee has received loan against the property for Rs.37,12,000/-, which is evidenced by the copy of GPA cum sale deed dated 10.11.2010 between Shri Veer Raghava Reddy, Shri N.Vijaya Bhaskara Reddy and the assessee. Out of the entire addition of Rs.62,48,500/-, the Ld.CIT(A) granted relief to the extent of Rs.37,12,000/-, considering the identity, genuineness and creditworthiness of the lenders established by the assessee. Considering the similar issue with respect to addition of Rs.25,36,500/-, the Ld.CIT(A) allowed Rs.25,36,500/- to the assessee. With respect to cash deposits, the Ld.CIT(A) sustained the addition of Rs.18,74,950/- made by the AO. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Ld.AR , the Ld.CIT(A) also has granted relief for Rs.15,00,000/- while it being included in the amount of Rs.62,48,500/-, but has failed to discuss on taxation of Rs.15 lakhs under cash deposits made by the assessee which is included in the disallowance of Rs.25,57,294/-. We are therefore of the considered view that since the same amount cannot be taxed twice, we direct the Ld.AO to delete the addition of Rs.15,00,000/- and hence, the appeal of the assessee on this ground is partly allowed. I.T.A.No.99/Viz/2019, A.Y.2012-13 9. This appeal is filed by the assessee against the order of the CIT(A)- 3, Visakhapatnam in I.T.A.No.299/2015-16/CIT(A)-3/VSP/2017-18 dated 15.10.2018 for the A.Y.2012-13. Briefly stated facts are that the assessee is an individual, filed his return of income for the A.Y.2012-13, admitting total income of Rs.3,62,810/-. Subsequently, search and seizure operation was carried out on 13.07.2011 and notice u/s 142(1) of the Act was issued on 08.08.2013 calling for the return of income for the A.Y.2012-13. Since the assessee has not complied with the notice, another letter was issued by the AO on 14.02.2014 by providing final opportunity. In response ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted by the Ld.AR, the assessee could not produce any vouchers before the revenue authorities or before us. The Ld.CIT(A) has therefore, rightly considered the issue based on the facts and circumstances of the case and has held as follows : (iv) Regarding the credit of Rs.2,19,500/-, it is the contention of the appellant that the amount was deposited by Sri P.Ravinder Kumar, General Secretary, Association of Transport Department Technical Officers. The fact that the appellant is holding the post of General Secretary of All India Federation of Motor Vehicles is not disproved by the Assessing Officer. It is logical that the appellant would have incurred some expenditure, whether it is Rs.2,19,500/- or otherwise needs to be seen. The appellant had not produced any vouchers before me. In that event, it is felt that the disallowance of 50% of expenditure would meet both the ends of justice. Accordingly, the Assessing Officer is directed to calculate the disallowance of amount at 50% of Rs.2,19,500/- as it is not verifiable in nature. We find that the Ld.CIT(A) considering the facts and circumstances of the case has granted substantial relief and therefore, we are not inclined t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the order of the Ld.CIT(A), the assessee preferred an appeal before the Tribunal by raising the following grounds : 1. The order of the learned Commissioner of Income Tax (Appeals), Visakhapatnam is contrary to the facts and also the law applicable to the facts of the case. 2. The learned Commissioner of Income Tax (Appeals)-3, Visakhapatnam is not justified in partly sustaining the addition of Rs.1,20,000/- out of the total addition of Rs.2,40,000/- made by the assessing officer towards unexplained cash deposits in the bank accounts. 3. The learned Commissioner of Income Tax (Appeals)-3, Visakhapatnam is not justified in sustaining the addition of Rs.1,23,450/- made by the assessing officer towards unexplained cash deposits. 4. Any other grounds may be urged at the time of hearing. 19. Ground No.1 and 4 are general in nature, which does not require specific adjudication. 20. Ground No.2 and 3 are with respect to sustaining the addition made by the AO towards unexplained cash deposits. The Ld.AR contended that the assessee made cash deposits of Rs.4,05,000/- in Axis Bank, Ongole A/c No.293010100094391. Out of the cash deposits of Rs.4,05,000/-, an amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case has granted substantial relief and therefore, we are not inclined to interfere in the order of the Ld.CIT(A) and dismiss the appeal of the assessee accordingly. I.T.A.101/Viz/2019 to 103/Viz/2019, A.Y.2008-09 to 2010-11 23. These appeals are filed against the orders of the CIT(A)-3, Visakhapatnam dated 15.10.2018 arising of order passed u/s 143(3) r.w.s. 153C of the Act. Since the grounds involved in these appeals are common these appeals are clubbed and the facts are extracted from I.T.A.No.101/Viz/2019. 24. Briefly stated the facts are that the assessee is an individual and an advocate by profession. Search and seizure operation u/s 132 of the Act was conducted in the case of Sri Pilli Nooka Raju, husband of the assessee on 13.07.2011. During the course of search, certain incriminating material/documents pertaining to the assessee was found and seized. A notice u/s 153C of the Act was issued to the assessee on 02.11.2012, calling for the return of income for the A.Y.2008-09. In response to the notice issued, the assessee had filed the return of income for the A.Y.2008-09 on 19.02.2014 admitting income of Rs.1,44,300/- apart from agricultural income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral income by cultivating cash crops and produced income certificate obtained from VRO in support of her claim. Therefore, pleaded to set aside the order passed by the Ld.CIT(A) and allow the appeal of the assessee on this ground. 31. Per contra, the Ld.DR relied on the order of the Ld.CIT(A), pleaded to uphold the order of the Ld.CIT(A) and dismiss the appeal of the assessee on this ground. 32. We have heard both the parties and perused the material available on record. It is the contention of the Ld.AR that the assessee is deriving agricultural income from Ac.29.76 cnts owned by her. But the AO rejected the contention of the assessee holding that the assessee has not produced revenue records in support of her claim. The Ld.CIT(A) after careful consideration of the facts and copies of the documents of the lands owned by the assessee, held as under : (c) I have carefully considered the facts and I have also perused the copies of documents of the lands owned by the appellant. There is n dispute regarding the ownership of the lands. The only doubt in the mind of the Assessing Officer is that the agricultural income was inflated by the appellant since the same income was al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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