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2024 (7) TMI 1093

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..... of some other persons - HELD THAT:- Assessee does not dispute this fact, but on the other hand states that due to the fear of litigation at the instance of the tenants, the landlords are slow in excluding the documents in favour of the tenants and also that the agricultural marketing committees are also not issuing the receipts on the name of the tenants. Though, we cannot brush aside this contention of the assessee, it is difficult that the entire amount of ₹ 5.85 Lacs is derived by the assessee without any document. The disallowance of the total receipt does not seem to be correct and at the same time, having regard to the smallest of amount deem it not proper to send it back for any further verification. Thus, direct the AO to take .....

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..... material or details like P L Account, Balance Sheet, Ledger copies etc., and therefore, the learned Assessing Officer estimated the income of 30% thereon and made an addition of ₹ 93, 110/-. Further, the learned Assessing Officer noted in respect of the agricultural income of ₹ 5, 85, 000/-that the documents furnished by the assessee to prove the agricultural income do not belong to the assessee and they are on various names. Even the copies of crop lease agreements also belong to some other period. The learned Assessing Officer, therefore, added the entire amount of ₹ 5.85 Lacs. 3. Aggrieved by such an action of the learned Assessing Officer, assessee preferred appeal before the learned CIT(A). The impugned order reveals .....

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..... income element in real estate business is only 5%. The learned DR further submitted that in the absence of any evidence to support the claim of the assessee that he earns some agricultural income, it is difficult for the authorities to believe the same. 7. Inasmuch as the assessee did not appear before the learned CIT(A), learned CIT(A) passed the impugned order, dismissing the appeal. In respect of the estimate of income on turnover, learned Assessing Officer estimated the same at 15% and according to the assessee it is only at 5%. Though the learned Assessing Officer estimated the same at 15%, the record does not bear any material to support the same. So also, there is no evidence to support the claim of the assessee at 5%. Taking a prag .....

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