TaxTMI 
TaxTMI 
2015 (5) TMI 358
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....ncome at Rs. 3,04,713/- and the agricultural income of Rs. 25 lacs. The Assessing Officer processed the same u/s 143(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') at the returned income. Later on, the case of the assessee was selected for scrutiny on the basis of AIR information that the assessee has deposited cash of Rs. 57,57,000/- in his bank account no.083000100084898 with Punjab National Bank, Rudrapur, Uttarakhand. The Assessing Officer issued notice u/s 143(2) of the Act on 03.09.2009 fixing the case of the assessee for 14.09.2009. In response to the same, the assessee's authorized representative appeared. The Assessing Officer again issued notice u/s 143(2) and 142(1) of the Act along with a questionnaire on 01.09.2010 fixing the case of the assessee for 10.09.2010. In response to the same, authorized representative of the assessee appeared and filed necessary details which were examined by the Assessing Officer. The main source of the income of the assessee is pension from Air Force, agricultural income and income from other sources. The Assessing Officer asked the assessee to explain the cash deposit of Rs. 57,57,000/- in the said bank account. In ....
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....ildar, alongwith cropwise detail issued by patwari for Ranbir Collective Co-Op. Farming Society Ltd filed before Assessing Officer, Kisan Bahi i.e. evidence of land ownership filed before Assessing Officer regarding land owned by assessee in individual capacity (1.262 Hectare) and land owned by Ranbir Collective Co-Op Farming Society Ltd filed before A.O. (42.12 Hectare), evidence regarding agricultural income of Ranbir Collective Co-Op Farming Society Ltd filed before Assessing Officer, letter dated 04.01.2011 sent by assessee to Assessing Officer regarding contractors i.e. Sh. Murtja Khan, Sh. Attim Khan & Hamid Khan and copy of letter dated 23.02.2011 filed before ld. CIT(A). Ld. AR for the assessee argued that in view of the order passed by ld. First Appellate Authority as well as the documentary evidences filed by the assessee before the revenue authorities, the impugned order passed by ld. First Appellate Authority may be upheld by dismissing the appeal filed by the revenue. 5. We have heard both the parties and gone through the orders passed by the revenue authorities as well as the documentary evidences in the shape of paper book containing pages 1 to 75. It is very much....
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....00084898 maintained with Punjab National Bank, Rudrapur, Uttarakhand. In response to the same, the assessee filed the evidence of sale proceeds of property in Punjab for Rs. 34,00,000/- which was accepted by the Assessing Officer. As regards to the balance amount of Rs. 23,57,000/- which the assessee has deposited in cash in his aforesaid bank account, no doubt the assessee has produced some documentary evidence before the Assessing Officer as well as before the ld. First Appellate Authority but assessee could not substantiate his version before the Assessing Officer. Secondly, the assessee has stated that a sum of Rs. 7 lacs was received on account of sale proceeds of poplar trees from one Attim Khan and Hamid Khan, sons of Sabir Khan, resident of Bilaspur, Distt. Rampur and Rs. 4,02,000/- were received on account of giving his Amrud Bagh on lease to Jamil Khan, s/o Sher Khan, Ruderpur, Uttrakhand and as regards to Rs. 70,000/-, the assessee has not submitted any explanation to the Assessing Officer. On the basis of this information, the Assessing Officer issued notice u/s 133(6) of the Act to two parties, namely, Murtza Khan and Atim Khan & Hamid Khan at the given addresses. The ....
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....The appellant had given explanation about agricultural income, reconciliation and agricultural expenses made during the year which are reproduced for ready reference:- "On the basis of all the Khasara, khatauni documents duly certified by patwa:, bank statements and explanation provided by the Mr. Melvinder Singh Garew we are certifying following: a) Agricultural Income Reconciliation: I. Cash deposited in bank (declared as agricultural receipts) Date Mode Amount Narration 18-May-07 Cash 300,000.00 Sale Proceeds 28 May-07 Cash 200,000.00 Sale Proceeds 04-Jun-07 Cash 100,000.00 Sale Proceeds 26-Jul-07 Cash 200,000.00 Sale Proceeds 30-Jul-07 Cash 100,000.00 Sale Proceeds 08-Aug-07 Cash 100,000.00 Sale Proceeds 26-0ct-07 Cash 165,000.00 Sale Proceeds 02-Nov-07 Cash 120,000.00 Sale Proceeds 28-Nov-07 Cash 100,000.00 Sale Proceeds 01-Dec-07 Cash 300,000.00 Sale Proceeds 07-Dec-07 Cash 250,000.00 Sale Proceeds 17-Dec-07 Cash 225,000.00 Sale Proceeds 13-Feb-08 Cash 39,000.00 Sale Proceeds 04-Mar-08 Cash 38,000.00 Sale Proceeds 11-Mar-08 Cash 200,000.00 Sale Proceeds 25-Mar-08 Cash 1....
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....145,490.00 1,237,452.60 Net Agriclutural Income (Calculated on the basis of Bank statement) 1,507,653.40 Agricultural income declared in Income tax return 25,00,000.00 b) Land used by assessee in Agricultural activities Owner Name Hectare Land in the name of Malvinder Singh Garewal 1,262 Land in the name of Ranbir Collective Co-operative Farming Society 41,264 Land in the name of Mini Collective Co-operative Farming Society 12.6 Total land 55.126 1) Mr. Malvinder Singh Grwal is the secretary in Ranbir Collective Cooperative Farming Society Ltd. He is the authorized person for doing all the agricultural activities on the land. 2) Further also, Mr.Grewal is also authorized person for doing all agricultural activities on the land related to Mini Collective Co-operative Society. Enclosed documents a. Certificate by assessee, patwari b. Computation of income 3) According to signed certificate and affidavit duly certified by assessee, patwari of lkehapal, around 30 lacs agricultural receipts from land during the F.Y. 4) Assessee shows approximately agriculture net income Rs. 25 lacs in his income tax return. 4. From the computation of agric....
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....has filed additional evidence under Rule 46A of the Income-tax Rules, 1962 and the Assessing Officer on 14.03.2011 has also given remand report in the case of assessee and strongly objected the admission of additional evidence. The Assessing Officer has given sufficient opportunity to the assessee to furnish documentary evidence in support of his claim of sale of agricultural produces grown on the land owned by the assessee but assessee did not file any documentary evidence in support of additional evidence. We find that ld. First Appellate Authority did not even indicated/ discussed about the additional evidence and the remand report of the Assessing Officer dated 14.03.2011 which the assessee has attached in the paper book at pages 53 to 55 of the paper book and rebuttal by the assessee to the remand report of the Assessing Officer dated 20.04.2011 which is at pages 56 to657 of the paper book. Meaning thereby, the ld. First Appellate Authority has not applied his mind while deleting the addition in dispute and the addition was dismissed merely on the basis of surmises and conjectures without any evidence. Therefore, the impugned order is not sustainable in the eye of law. 5.1 ....