2019 (10) TMI 75

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....r. 2. There is a delay of 09 days in filing each of the appeal. The assessee has filed an affidavit along with medical certificate. We find that there is a sufficient cause to file the appeals belatedly. Therefore, it is a fit case to condone the delay. Accordingly, delay is condoned. 3. The only issue involved in this appeal relates to estimation of income in respect of leased fish tanks consequent direction given by the ld. CIT(A) passed by the Assessing Officer dated 07/07/2015 constitutes mistake apparent on record or not? 4. In this case, ld. CIT(A) by order dated 22/05/2015 directed the Assessing Officer to estimate the income of the leased fish tanks subject to produce the evidence by the assessee. The assessee has not produced s....

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....para-3 of the said lease agreement, assessee has paid Rs. 7,84,000/- towards first year lease rentals on the date of agreement i.e. on 17.04.2000. Assessee relied on the endorsement appearing on the rear side of the fifth page of the agreement and claimed the same as evidence for payment of lease rentals. As verified from the page, the description is in local vernacular, true translation of which is as under: "Received lease of this agreement up to 10.04.2002" This statement was signed by only nine persons whereas agreement was signed by persons. Quantum of amount received was not mentioned therein; date of receipt of the amount was not mentioned. The agreement as well the endorsement relied on by the assessee is a photo copy. Asses....

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....03 to AY 2004-05 and Ps.20,000/- for AY 2005-06 to AY 2007-08, ad determined above f or own kinds, subject however that the income so determined shall not be less than the -income admitted by the assessee. If there is no evidence for payment of lease rent to family members, the income as estimated in respect of own tanks maybe adopted: In respect of tanks taken on lease from other also, the assessing officer is directed to estimate the income in the above manner. However, in case no tangible evidence was available for the payment of lease rent, the income may be estimated at Rs. 15,000/- per water spread area". Crux of the above order as for as income from tanks taken on lease from outsiders is concerned, to estimate at Rs. 18,000/- per....

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....ome Tax Act, 1961, to the Commissioner of Income Tax (Appeals), Rajahmundry within thirty days of the receipt of this order, in Form No.35, duly stamped and verified as laid, down in that form." 5. The assessee carried the matter in appeal before the ld.CIT(A), who confirmed the order of the Assessing Officer. 6. On being aggrieved, assessee carried the matter in appeal before this Tribunal. 7. Ld. counsel for the assessee has submitted that once there is an agreement and which shows that assessee has taken the land on lease, the Assessing Officer ought to have been allowed the deduction by considering that the assessee has taken the fish tanks on lease and submitted that the order passed by the ld.CIT(A) may be reversed. 8. On the othe....