2016 (1) TMI 1214

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....l Member) For the Appellant : A. B. Koli, JCIT For the Respondent: Philip George, Advocate ORDER Chandra Poojari (Accountant Member) The appeals by the Revenue and the cross objections by the assessee are directed against different orders of the Commissioner of Income-tax(Appeals) dated 11.8.2015 for the assessment years 2004-05, 2005-06, 2006-07 and 2008-09. Since, the issues invol....

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....nder : "8. We have heard both the parties and perused the material on record. In our opinion, the decision taken by the CIT(Appeals) treating the income from nursery as agriculture income is justified and as in similar circumstances, in the case of CIT v. Soundarya Nursery (241 ITR 530), the Jurisdictional High Court has held that the income from the sale of plants grown in pots and the s....

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....e Revenue. 4. Without prejudice to the above, as brought to our notice that the tax effect involved in the Revenue's appeals for the asst. years 2004-05, 2005-06 and 2006-07, is below Rs. 10 lakhs. As such, in view of the CBDT Circular No. 21/2015, Dated 10^th December, 2015, the appeals for the asst. years 2004-05, 200506 and 2006-07 are not maintainable on this foot also. 5. The assessee, ....

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....ssessment - Reopening of case on basis of actual error pointed out by Internal Audit Party is permissible under Law - ITO granting deduction under section 80G on account of donation to Charitable Trust overlooking fact that recognition granted to charitable trust had expired - Reopening was on basis of factual information given by Internal Audit Party - Reopening of assessment valid - Income-tax A....