2010 (6) TMI 547

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....n cash from agriculture, which had been paid to the partners of M/s. Jayanth Service Station which came to be detected in the course of survey without there being any evidence to support the claim when the assessee was taking contrary stands in this regard and consequently recorded a perverse finding ? (ii) Whether the sum of Rs. 4,82,506 was correctly treated as non-agricultural income by the Assessing Officer which came to be set aside by the appellate authorities without there being any evidence to support the claim of earning agricultural income ?" 2. The facts of the case in brief are, the assessee is an undivided Hindu family and partner in M/s. Jayanth Service Station, Chikkaballapur, authorised dealers in petroleum products for M/....

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....on of Rs. 30 lakhs. Being aggrieved by the order of the first appellate authority, the Revenue has filed an appeal before the Income-tax Appellate Tribunal, Bangalore Bench-B, Bangalore, ("Tribunal" for short) in I. T. A. No. 1016/Bang/2007. The said matter came up for consideration before the Tribunal. The Tribunal, in turn, after going through the orders passed by the authorities below, has dismissed the appeal and confirmed the order passed by the first appellate authority. Being aggrieved by the order passed by the Tribunal, the Revenue herein has presented this appeal, raising the aforesaid substantial questions of law along with other reliefs. 3. We have heard the learned counsel for the appellants Sri K. V. Aravind at considerable l....