2018 (10) TMI 294

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....the provisions of section 68. 2. The officers below failed to appreciate the fact that the income earned by the appellant was agriculture and will tantamount to income by overriding title. 3. The officers below failed to appreciate the fact if the appellant is not entitled to the agriculture income, the same should have been taxed in the hands of the relevant owners and not in the hands of the appellant under other source. 4. Mainly because the appellant is not the owner of the properties would not enable the officer to tax receipts as non agriculture income." 3. Brief facts of the case are as follows:- The assessee, an individual, is proprietor of M/s.GMG Associates. For the assessment year 2009-2010, the r....

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.... Further, no documentary evidence was produced in the appeal proceedings to prove that the source of this amount is related to Agricultural or the income is derived by overriding title. In the absence of such evidence, it is held that there is no merit in the grounds of appeal raised by the Assessee and therefore, the same is dismissed." 5. Aggrieved by the said order of the CIT(A), the assessee has preferred the present appeal before the Tribunal. The learned AR reiterated the submissions made before the Income-tax Authorities and relied on the grounds raised before the Tribunal. The learned Departmental Representative, on the other hand, supported the orders passed by the Income-tax authorities. 6. We have heard the rival submission....

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..../- each and other 12 family members have shared at Rs. 12,36,000/-each. The assessee's claim is that family members are all involved in the agricultural operation of the family properties. The agricultural income can be claimed only to the owners of the property in the absence of the evidences to the contrary of the 7 items of the properties given in the list. The major item is Devagiri Plantations, Tamil Nadu. The title deed of the above Devagiri Plantation shows that area involved is 200 acres and this deed is executed on 15.12.2006. As per the title deed, the property is purchased by Mr.M.G.George. Mr. George Thomas and Mr.George Alexander only. The income from the above property has to be divided among the above 3 persons only. ....