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TMI Blog2025 (3) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... /s 263 of the Income Tax Act, 1961 (in short "the Act"), appeal-wise; respectively. 2. Heard both the parties at length. Case files perused. 3. Both the parties are very much ad idem during the course of hearing that the assessee's instant three appeals raises an identical issue of it's entitlement of claim section 10(1) agricultural income exemption; involving varying sums, as the case may be. We therefore treat it's appeal ITA No. 1879/Del/2021 for A.Y. 2015-16 as the "lead" case. 4. Next comes the assessee's sole substantive issue between the parties regarding correctness of the learned PCIT-15 impugned revision directions issued u/s 263 of the Act holding the Assessing Officer's corresponding regular assessment framed on 29.12.2017, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en while ignoring the fact that the freight charges bills provided by the assessee of M/s. Milap Transport Road lines, were in reply to notice u/s 133(6) of the I.T. Act, 1961. The assessee informed that "the GR/Bilties as annexed with the present notice are neither printed by us nor issued by us at any point of time and they are forged and fabricated GR/Bilties. It is pertinent to mention that no goods were transported for M/S Vipul Mittal HUF at any point of time by our office especially on the dates as mentioned on the said bilties/invoices. The said bilties/invoices are forged and fabricated as my trade name i.e. (Milap) is not written properly". This is evident from this that assessee had no agricultural income and had shown such huge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the above notice may be summarized as under:- "The Assesses filed the detailed reply on 15/12/2017 in response to the above show cause notice dated 08/12/2017 and stated that the Assessee has not dealt with Milap Transport Roadlines. The transportation of agricultural produce was done by the agent, i.e. (M/s Guru Kirpa & Co). Further stated that the Assessee has requested the persons from whom the Assessee has taken the land on lease to comply the Notices issued u/s 133(6). Similarly the Assessee requested M/s Guru Kirpa & Co. to appear before the AO in response to summon issued u/s 131 of the Act. All the person, from whom land was taken had complied the notice u/s 133(6) vide their respective replies. M/s Guru Kirpa & Co. als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Commission Agent Complied Enclosed 06/10/2017 M/s Dhaliwal & Co. Commission Agent Complied Enclosed 06/10/2017 M/s Guru Kripa & Commission Agent Complied Enclosed Since, the A O has not found any discrepancy in the documents/ details of agriculture income/expenditure, therefore he has accepted the agriculture income and expenditure, except the transportation charge s. In view of above it is amply clear that, AO completed the assessment after detailed inquiries ad due verification of all aspects of agricultural income of the Assessee. 7. The facts and circumstances of the case have been carefully examine d. The assessment order and facts emerging there from were also given careful consideration in this regard. On s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax, Delhi-15, New Delhi, therefore, remand the matter back to the Assessing Officer to examine the case afresh especially with regard to the quantum of deduction claimed under Chapter VIA under the Income from agriculture income amounting to Rs. 97,22,240/- along with the such deduction taken on this account during preceding years. The same allowed by the A.O. in respective A.Y. need to be re-examined. 11. The assessing officer is directed to grant adequate opportunity to the assessee to represent their case and observe natural justice during proceedings to make the case maintainable as per law." 5.1 This leaves the assessee aggrieved. 6. Learned counsel vehemently argues that the PCIT has erred both in law as well as on facts in ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined nor verified till date despite the fact that the limited scrutiny raised the sole issue of "larger agricultural income", we are of the considered view that even if there were some other inadequate enquiries with the commission agents concerned would not negate applicability of section 263(1) explanation-2 of the Act (supra). 8. It is at this stage that the learned counsel invites our attention to para 10 in the impugned revision directions that the same suffer from non-application of mind as the agricultural income exemption claim has been treated as the one falling under chapter-VIA of the Act. We find no merit in the assessee's instant argument(s) as once the learned PCIT had already concluded upto para 9 of his revision directions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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