2016 (12) TMI 947

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....iating the submissions made, thus addition made deserves to be deleted. 1.1 The ld. CIT(A) has further erred in ignoring the age and occupation of assessee being agriculturist which itself explains that assessee is not availing the banking services and all the income earned is in cash and is being kept at home only, thus addition made deserves to be deleted. 1.2 That the ld. CIT(A) has further erred in upholding the assumptions and presumptions of the AO in relation to expenses and savings of assessee, thus addition made deserves to be deleted. 2. On the facts and circumstances ld. CIT(A) has grossly erred in upholding the action of AO in treating the agricultural income of Rs. 1,06,000/- as income from undisclosed sources solely for the....

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....e action of the AO by holding as under:- ''(vii) It is relevant to mention here that Shri Naresh Choudhary has not given the break up of Rs. 41,97,039/- in its return of income filed by him. The appellant has not brought on record whether Shri Naresh Choudhary has made any disclosure u/s 132(4) of the Act and under which hands. It is pertinent to mention here that the assessment order in the case of the appellant was made on 12-01-2015 whereas the return of income was filed by Shri Naresh Choudhary on24-04-2015 i.e. after the completionof the assessment in the case of the appellant. Further, showing the investment in the fund flow statement of Shri Naresh Choudhary do not ipso factor leads to the conclusion that the same has been accepted ....

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....as been shown by the assessee and the AO had taken into consideration the same while passing the order u/s 143(3) read with Section 153A of the Act, the copy of which is placed at page 13 and 14 of the assessee's paper book. 2.4 The ld. DR relied on the order of the ld. CIT(A). 2.5 I have heard the rival contentions and perused the materials available on record. This is a fact Shri Naresh Kumar Choudhary is a son of the assessee had filed the return of income and in his premises search operation was carried out. In response to notice issued u/s 153A of the Act, the amount invested in agricultural land in the name of the assessee has been offered for taxation. This is evident from the cash flow statement placed at page 4 of the paper b....

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....ove extract that the AO has given very categorical findings in respect of sale proceeds of agriculture produce, which were not in the name of the appellant. During the appellate proceedings, nothing has been brought on record to controvert the findings of the AO. (iii) In view of the above discussion, it is held that the AO was justified in not accepting the agriculture income of Rs. 1,06,000/- declared by the appellant in her return of income and rightly assessed it as 'income from other sources'. Hence, this ground of appeal is rejected.'' 3.2 I have heard the rival contentions and perused the materials available on record. It is noted from the records that the assessee had purchased the agricultural land on 14-05-2007 at Sri Ganganagar....