9911796707
TMI Blog2025 (2) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... /s 143(3) or 147 of the Act respectively. Therefore, the addition is deleted. Unexplained cash credits u/s. 68 r.w.s. 115BBE - AO has added it u/s 68 by holding that higher exempted agricultural income was declared only to explain the cash deposit during demonetization period - HELD THAT:- AO concluded that (i) no tenant details are available on government record, (ii) details of crop cultivated shows 'Padtar', which means no agricultural activity has been undertaken on the land and (iii) that there was no irrigation facility in the land. These findings have not been disproved by the appellant before CIT(A) or the Tribunal. Therefore, the plea of extra agricultural income cannot be accepted. We find that the assessee was also engaged in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he action of the Assessing Officer in making addition of Rs. 10,09,859/ on account of alleged unexplained cash credits u/s. 68 r.w.s. 115BBE of the Act, while the appellant has properly adhered to every notice and direction of Ld. AO and has fully co-operated during the whole assessment proceedings. 2. On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in making addition u/s. 68 of the Income Tax Act without considering the documents/supporting evidences available on record and also considering opening cash balance as income and made addition u/s. 68 of the Act. 3. On the facts and in the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts and in the circumstances of the case as well as the law on the subject, the case appellant craves for admission of addition evidence in the interest of natural justice and equity. 8. It is therefore prayed that the above addition may please be deleted as learned members of the tribunal may deem it proper. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of the hearing of the appeal." 3. The facts of the case in brief are that the assessee filed her return of income for AY.2017-18 on 07.03.2018, declaring total income of Rs. 2,38,920/- and agricultural income of Rs. 6,92,062/-. The case was selected for complete scrutiny under CASS. The assessee submitted copy of ITR along with computati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ltural Income A/c'. The assessee was having agriculture land at B.No.23/2/1, Village - Anida, Taluka - Khambha, Dist. - Amreli, admeasuring area 14300 square meters. The AO estimated the agricultural income at Rs. 2,56,041/- (1.43 X 3581 X 50) and after deducting agricultural expenses @ 40%, net income was calculated at Rs. 1,53,625/-. Since the net agricultural income of Rs. 1,32,825/- was declared in the return of income, the AO determined the agriculture income at Rs. 2,00,000/- each for AY.2016-17 and 2017-18. The differential amounts of Rs. 5,17,797/- and Rs. 4,92,062/- were treated as unexplained cash credits u/s 68 of the Act and were taxed @ 60% u/s 115BBE of the Act. The AO assessed the total income of Rs. 12,48,769/- against the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocessed u/s 143(1) of the Act and accepted by the Department. He submitted that in AY.2016-17 and 2017-18, assessee himself supervised agricultural operation, which yielded higher income. The ld. AR relied upon the following decisions of Co-ordinate Bench of ITAT, Surat: (i) Chandrakant Jashubhai Patel vs. ITO, ITA No.68/SRT/2024, (ii) Jehan Percy Variav vs. ITO, ITA No. 612/SRT/2024, (iii) Jayantibhai Dahyabhai Anghan vs. ITO, ITA No. 451/SRT/2024, (iv) Ishwarbhai Karshanbhai Patel vs. ITO, ITA No. 385/SRT/2024 and (v) Ashwinbhai Somabai Patel vs. ITO, ITA No. 34/SRT/2024. 6. On the other hand, the learned Senior Departmental Representative (ld. Sr. DR) for the revenue supported the order of lower authorities. 7. We have head both the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral income was earned in the subject assessment year. The AO has examined such claim of assessee which is at page 8 to 10 of the assessment order. She has concluded that (i) no tenant details are available on government record, (ii) details of crop cultivated shows 'Padtar', which means no agricultural activity has been undertaken on the land and (iii) that there was no irrigation facility in the land. These findings have not been disproved by the appellant before CIT(A) or the Tribunal. Therefore, the plea of extra agricultural income cannot be accepted. However, we find that the assessee was also engaged in the retail trading business in the name of 'Shreeji Paints & Ply'. The business address was Shop No.2, Plot No.14, Akshar Dham Societ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
