TaxTMI 
TaxTMI 
2018 (10) TMI 294
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....elow 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 return of income was filed on 30.09.2009 declaring an income of Rs. 1,15....
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.... 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 submissions and perused the material on record. The assessee had declared a sum of Rs. 12,36,000 as....
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.... 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. 4. Another item of the property from which agricultural income has been claimed is from Koodal Ru....