2003 (8) TMI 27

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....ting the cash balance shown by the assessee? 2. Whether, on the facts and in the circumstances of the case and considering the human conduct and human nature being what it is, if the amount added according to the assessee is agricultural income will not the assessee be over enthusiastic in showing the same in the return for rate purposes and should not the Tribunal have taken such a human conduct into consideration before accepting the cash balance as agricultural income and is not the finding and acceptance of the submission illogical and against common sense? 3. Whether, on the facts and in the circumstances of the case should not the Tribunal have, in view of the submission/explanation made/given for the first time before the Tribu....

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....ntention in toto. He granted relief to the extent of Rs. 20,000 which according to him would have been agricultural income from approximately an extent of 4 acres and 81 cents. of agricultural property owned by the assessee. In further appeal filed by the assessee, the Tribunal accepted the explanation offered by the assessee in respect of the balance Rs. 60,000 also and had directed the Assessing Officer to deduct the entire sum of Rs. 80,000 from the assessment. Sri George K. George, learned standing counsel appearing for the applicant submits that the assessee had different explanations in respect of the sum of Rs. 80,000 before the assessing authority itself, that the assessee had initially stated that the said sum of Rs. 80,000 repr....

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....e from 4 acres and 81 cents of land owned by him and that in the absence of a challenge to the said finding of fact as perverse, this court in reference will not interfere with the findings of fact entered by the Tribunal. Counsel in support of the said proposition has relied on the three judges' Bench decision of the Supreme Court in K. Ravindranathan Nair v. CIT [2001] 247 ITR 178. Counsel submits that the Tribunal had considered all the materials placed before it and came to the conclusion that the cash flow statement in regard to the sum of Rs. 80,000 was found to be acceptable, which finding has not been specifically challenged as perverse. We do not propose to go into the contention regarding the maintainability of the reference in....

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....guidelines contained in the circular, the assessee's explanation that he had agricultural income to the tune of Rs. 80,000 is justified. True, the assessee had not placed any material other than the extent of land owned by him. The fact that the assessee had in fact planted the said land with rubber trees and that it was yielding during the previous years and the assessee had sufficient yield to derive agricultural income to the tune of Rs. 80,000 are not seen considered by the Tribunal. The decision, it would appear has been rendered on hypothesis. However, in the absence of a question regarding the perversity of the findings entered by the Tribunal as held by the Supreme Court in K. Ravindranathan Nair's case [2001] 247 ITR 178 it will no....