9911796707
TMI Blog2023 (10) TMI 1314X X X X Extracts X X X X X X X X Extracts X X X X ..... at Pedagantyada and the source being agricultural income from Ac.27.50 cents. AO found that the assessee is having only Ac.16.77 cents and accordingly estimated the agricultural income of Rs. 1,67,000/- @Rs.10,000/- per acre and brought the difference amount of Rs. 3,33,000/- to tax as unexplained expenditure u/s 68 which was upheld by the Ld.CIT(A). It is observed that the assessee has not furnished any supporting evidences for substantiating her claim that the advance is given out of her past accumulated savings, agricultural income and income received from HUF, either before the revenue authorities or before me. When the assessee claims to admit the source, the onus is on the assessee to prove the source with cogent evidence. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, DR ORDER PER SHRI DUVVURU RL REDDY, JUDICIAL MEMBER : This appeal is filed by the assessee against the order of Commissioner of Income Tax (Appeal) [CIT(A)], National Faceless Appeal Centre (NFAC), Delhi vide DIN Order No. ITBA/NFAC/S/250/2022-23/1051219457(1) dated 24.03.2023 arising out of the assessment order passed u/s 143(3) r.w.s.147 of the Income Tax Act, 1961 (in short Act ) dated 30.12.2016 for the Assessment Year (A.Y.)2010-11. 2. Brief facts of the case are that the assessee, director of the company, M/s Gajuwaka Constructions Pvt. Ltd. engaged in construction of flats, filed her return of income for the A.Y.2010-11 on 11.10.2010, admitting a total income of Rs. 2,56,700/-. A survey u/s 133A was conducte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance for development of site at Pedagantyada was met out of the accumulated savings, agricultural income of the HUF and also amounts from HUF. The assessee enclosed the details of land holdings along with pattadar passbooks, documents and MRO certificate for the agricultural income and the cash flow statement, from which the AO observed that the assessee is having only Ac.16.77 cts. The AO stated that the assessee did not produce any evidence in support of agricultural produce or the agricultural income and the accumulated savings. Hence, the AO estimated the agricultural income at Rs. 10,000/- per acre for the land holdings of Ac.16.77 cts at Rs. 1,67,000/-. The AO set off the agricultural income so estimated against the impugned inves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds irrevocable advance for development of site at Pedagantyada out of the accumulated savings, agricultural income of the HUF and also amounts from HUF. The Ld.AR submitted that she had not maintained any books of account and that the income from the construction business was admitted on estimate basis. The assessee is having agricultural lands at Visakhapatnam and Vizianagaram to an extent of Ac.27.50 cents which were purchased by her parents long back and subsequently inherited by her. Cashew nut plantations and other agricultural produce are available on these agricultural lands and she produced the Certificate from the concerned MRO, certifying that there was an income of Rs. 60,000/- per acre from cashew nut plantations. The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ource with cogent evidence. In the absence of any proper documentary evidence, I have no reason to interfere with the orders passed by the lower authorities and hence, dismiss the appeal of the assessee on this ground. 9. Ground No.3 is related to sustaining the addition of Rs. 1,33,000/- as unexplained agricultural income. The Ld.AR submitted that the assessee is having Ac.27.50 cts of land and produced certificate issued by the Village Revenue Officer, endorsed by Tahsildar and Mandal Revenue Inspector. The Ld.AR submitted that the assessee had admitted agricultural income of Rs. 3,10,000/- in her return of income and the AO is not justified in estimating the agricultural income at Rs. 1,67,000/-. He pleaded to set aside the order pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
