TaxTMI 
TaxTMI 
2018 (10) TMI 1716
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.... (ii) gift from relative who had income from agriculture and (iii) loans received from relatives and friends who were produced before the Learned Assessing Officer and the amounts lent by each one was well within their means of earnings." 3. Learned counsel begins with a preliminary objection with respect to mechanical approval to the reopening of assessment, as granted by the Commissioner on the same day, as the date on which reopening proposal was sent, by simply observing "Yes, I am satisfied". He urges me to consider this legal plea first, and relies upon Hon'ble Bombay High Court's judgment in the case of German Remedies Ltd Vs. DCIT [(2006) 287 ITR 494 (Bom)] which is claimed to cover the issue in favour of the assessee. 4. Having heard the parties and having perused the material on record, I am not inclined to uphold the objections of the assessee on merits. The mere fact that the approval was granted by the CIT on the same day does not necessarily mean that the approval is granted in a mechanical manner without application of mind. Learned CIT has observed that "Yes, I am satisfied". As regards the judicial precedent in the case of German Remedies (supra), learned CIT....
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....sales amount in the cash flow statement without any expenses debited towards the agricultural produce. > Agriculture land is jointly held with his brother but assessee has not given any share from agricultural income to his brother on sale of the agricultural produce. > As against the prevalent practice that auction is held in the APMC market and the higher bidder wins the auction, in the case of the appellant all the agricultural produce is sold to only ,, one firm i.e. Vinaykumar kantilal Choksi. > The sale bills are fabricated and were made later on to eyewash the department > That Shri Vinaykumkar Kantilal Choksi is the employer of the assessee, who works as an accountant > Shri Vinaykumar K. Choksi who had purchased the agricultural produce and issued bills failed to produce his bill books, counterfoil of the bills and books of accounts The assessee since working as an accountant could easily obtain false and fabricated bills. > It is mandatory in the case of gift that proper gift deed should be made on stamp paper and sign of the donor and the donee and the witnesses should be obtained. In the present case no such deed is ....
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....ellant is not assessed to tax, not filed return of income disclosing the agricultural income in earlier years or subsequent years. Even this fact is accepted by the appellant and has shown his inability to submit the details of agricultural expenditure made by him to earn the agricultural income by any material evidences which is required to be spent upto 40%; in the case of the appellant, such expenditure can be worked out to Rs. 7,75,016/-; as has been held by the jurisdictional Ahmedabad ITAT in many cases. Such evidences has not been produced by the appellant in respect of agricultural income as well as expenditure for earning such agricultural income. The contention of the AO is that sale of agricultural produce receipts from Vinaykumar Kantilal Choksi appears to be fabricated as contended by the AO as appellant is providing his services to Vinaykumar Kantilal Choksi as an accountant. It is also a fact that every time the agricultural produce is sold to Vinaykumar Kantilal Choksi, from whom he has obtained agricultural sale bills in phases, throughout the financial year 2005-06. It is against the practice in APMC market when agriculturist sell their commodities to highest bidd....
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....o earn the agricultural income by any material evidences which is required to be spent upto 40%; in the case of the appellant, such expenditure can be worked out to Rs. 7,75,016/-; as has been held by the jurisdictional Ahmedabad ITAT in many cases. Such evidences has not been produced by the appellant in respect of agricultural income as well as expenditure for earning such agricultural income. The contention of the AO is that sale of agricultural produce receipts from Vinaykumar Kantilal Choksi appears to be fabricated as contended by the AO as appellant is providing his services to Vinaykumar Kantilal Choksi as an accountant. It is also a fact that every time the agricultural produce is sold to Vinaykumar Kantilal Choksi, from whom he has obtained agricultural sale bills in phases, throughout the financial year 2005-06. It is against the practice in APMC market when agriculturist sell their commodities to highest bidder of their goods. This argument of the AO is not rebutted by the appellant during the appellate proceedings. The contention of the AO is nothing but a colourful technique adopted by the appellant as Jayesh Patel is not having any agricultural land in his name. The ....