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TMI Blog2023 (10) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... t cultivable land. The same is also backed up by Adangal, lease copies which support the claim of the assessee that it had land holding giving rise to agricultural income. Therefore, the claim of the assessee qua earning of agricultural income was to be accepted in all the years. AO is directed to treat the income as agricultural income only. Addition of undisclosed investment in land in at Vadagaunchi , investment in House Property situated at Trichy, investment in flat situated at Adyar - As the undisputed position that emerges is that the assessee has disclosed the above investment in her return of income which has been filed much before the date of search in the case of Shri Ku.Pa. Krishnan. These investments are duly disclosed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his addition has been deleted by us in the case of Shri Ku.Pa. Krishnan. - Hon ble Shri Mahavir Singh, VP And Hon ble Shri Manoj Kumar Aggarwal, AM For the Appellant : Shri M. Karunakaran (Advocate)- Ld. AR For the Respondent : Shri D. Hema Bhupal, (JCIT)-Ld.Sr. DR ORDER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. Aforesaid appeals by assessee for captioned assessment years have identical issues and the same arises out of common order passed by Ld. Commissioner of Income Tax (Appeals)-19, Chennai [CIT(A)] on 17-02-2023 in the matter of separate assessments framed by Ld. Assessing Officer [AO] u/s.143(3) r.w.s 254 of the Act on 24-02-2014. These appeals were heard along with lead case of Shri Ku.Pa. Krishnan in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 which has been confirmed by Ld. CIT(A) and accordingly, the same is in further challenge before us. 4. In the assessment order for AY 1994-95, Ld. AO has made addition of gift received for Rs. 0.30 Lacs. The agricultural income of Rs. 1.31 Lacs has been treated as income from other sources. The investment in land at Vadagaunchi for Rs. 2.40 Lacs, investment in House Property situated at Trichy for Rs. 9.91 Lacs, investment in flat situated at Adyar for Rs. 6.59 Lacs has been treated as undisclosed investment and added on protective basis. The income from House property for Rs. 1.22 Lacs has also been added on protective basis. The interest income for Rs. 0.03 Lacs has also been added on protective basis. In AY 1995-96, Ld. AO has m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Ld. CIT(A) has confirmed the assessment for want of any response from the assessee. Aggrieved as aforesaid, the assessee is in further appeal before us. Our findings and Adjudication 5. As stated earlier, the lead order has been passed by us in the case of Shri Ku.Pa. Krishnan in ITA No. 02/Chny/2016 wherein substantiative addition relating to present assessee has been deleted by us. So far as the present assessee is concerned, we find that Ld. AO has made impugned addition by rejecting the claim of agricultural income. However, upon perusal of certificate of Village Administrative Officer as placed on record, it could be seen that the assessee is having sufficient cultivable land. The same is also backed up by Adangal, leas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty situated at Nehru Nagar was self-occupied property and therefore, no income need to be computed against the same. With respect to other properties situated at Fernhill (Kodaikanal) and Banker s Colony is concerned, Ld. AR has submitted that the estimation of rental income is on the higher side. We concur with the submissions that no income on property situated at Nehru Nagar need to be computed this being self-occupied property. However, the estimation of rental income against other two properties is quite reasonable. Therefore, the addition to that extent, in all the years, is sustained. The corresponding grounds, in all the years, stand disposed off accordingly. 9. The gift of Rs. 0.30 Lacs in each of AYs 1994-95 1995-96 has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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