2020 (3) TMI 1016

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..... 19,93,770, made under section 68 of the Act. 3. Brief facts are, the assessee, an individual, is an Assistant Teacher in School. For the assessment year under dispute, the assessee filed his return of income on 21st July 2014, declaring income of Rs. 2,72,880. In the course of assessment proceedings, the Assessing Officer on the basis of annual information report (AIR) available on record found that during the year under consideration the assessee has purchased certain immovable property as evidenced by the agreement registered with the O/o the Sub Registrar, Sahapur, on 7th May 2013. It was noticed that while registering the sale deed, the assessee has paid stamp duty of Rs. 23,47,770, and registration charges of Rs. 30,000, in cash. ....

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.... the source of availability of cash for payment of stamp duty and registration charges. The learned Authorised Representative submitted, besides opening cash of Rs. 5,25,900 and loan taken of Rs. 5,92,000, assessee has also made withdrawal from bank account amounting to Rs. 5 lakh. Thus, he submitted, the source of cash payment was clearly explained with supporting evidence. He submitted, without properly verifying the material on record, the Assessing Officer had made the addition and learned Commissioner (Appeals) has sustained a part of it. Thus, he submitted, the addition should be deleted. 6. The learned Departmental Representative relied upon the decision of learned Commissioner (Appeals). 7. We have considered rival submissions....

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....see might have produced the details of land holding and Profit & Loss Account of agricultural income as well as cash book extract, however, the prime factor for which assessee's claim with regard to agricultural income has been rejected is due to lack of supporting evidences to show carrying on of any agricultural activity and earning of agricultural income. Even before us, except the 7/12 extract and some documents filed before the Assessing Officer, the assessee has not furnished any other evidence to prove actual carrying on of any agricultural activity or earning of agricultural income. Even, no material has been placed before us to show that the assessee had offered any agricultural income in the earlier or subsequent assessment years.....