2019 (12) TMI 628

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....ng the addition of Rs. 2,80,830/- out of Rs. 8,37,900/- made by the learned AO on account of alleged undisclosed income introduced in the form of agricultural income. 2. Under the facts and circumstances of the case the learned Assessing Officer has erred in reducing the agricultural income by Rs. 2,80,830/- without any basis or without considering the submission and credible evidences submitted by the assessee. 3. The assessee craves your indulgence to add amend or alter all or any grounds of appeal before or at the time of hearing." The only issue arises in this appeal of the assessee is regarding agricultural income to the extent of Rs. 2,80,830/- was treated as undisclosed income by the ld. CIT (A). 2. The assess....

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....ddition made by the AO of Rs. 8,37,099/- is on account of miscalculation. The net agricultural income after deduction of 30% expenditure comes to Rs. 19,55,099/- whereas the assessee had disclosed net agricultural income of Rs. 26,54,879/- (3272999-480000 = 2792999-138120=2654879). It is submitted that against gross agricultural income of Rs. 27,92,999/-, the assessee had claimed expenditure of Rs. 1,38,120/- and thus net agricultural income as per assessee was of Rs. 26,54,879/- against which AO worked out net agricultural income of Rs. 19,55,099/-. The addition accordingly even as per Assessing Officer's working works out to Rs. 6,99,780/- (2654879-1955099). Thus the AO has made excessive addition by Rs. 1,38,120/- even by his own working....

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.... expenditure in earning income of more than Rs. 30 lacs by the assessee is unrealistic and beyond the ground realities. He has relied upon the orders of the authorities below. 5. I have considered the rival submissions as well as the relevant material on record. Though the AO while computing the agricultural income has taken incorrect figures and thereby made the addition of Rs. 8,37,900/-, however, the ld. CIT (A) while allowing the part relief has taken the correct amount of agricultural income and expenditure. Therefore, the said grievance of the assessee is already redressed by the ld. CIT (A). As regards the addition sustained by the ld. CIT (A) by taking the expenditure at 15% which comes to Rs. 4,18,950/- as against the assessee's....

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....me, Authorized Representative stated that sales bills were submitted and not doubted by Assessing Officer. Sales of other sources should be accepted. 2.3.2. Regarding expenses, Authorized Representative said deduction of 30% based on decision of Shri Durga Prasad Yadav is misplaced. Assessee has given land for cultivation on sharing basis. 2.3.3. On perusal of overall facts, it is seen that the Assessing Officer has not doubted the sales bills submitted with regard to sales of agriculture produce nor enquiry made. Thus the sales declared by assessee is accepted. Further assessee claimed expenses against agricultural receipt. Looking to overall facts and fallowing the decision of Hon'ble Bench in Durga Prasad Yadav case, se....