2010 (5) TMI 951

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....09 of the CIT (A)-XXXIII, Mumbai, relating to assessment year 2005-06. 2. Despite service of notice by RPAD which was duly received by the assessee none appeared on behalf of the assessee when the name of the assessee was called. No adjournment petition seeking adjournment of the case was filed. Therefore the matter is being decided on the basis of material available on record and after hearing....

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....ee is maintaining the books of accounts, which were duly audited and such audit report was furnished before the Assessing Officer. Since the assessee has complied with provisions of section 44AD(6) of the Income-tax Act, no addition is required to be made on this account. As regards agricultural income, it was submitted that in view of sub-clause (1A) to Section 2 of the Income-tax Act, any ren....

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....ssee has included the contract receipt of Rs. 5 lakhs in his profit and loss account but he has not been able to state what portion of the establishment expenses actually relate to such receipt. He observed that the contract receipts of the assessee are separate from the main business and are mainly for supervising and managing the contract works in Navi Mumbai. He, accordingly, upheld the action ....

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....cultural activities have not been proved or substantiated and since no evidence of agricultural activity has been produced he upheld the action of the Assessing Officer in treating the same as income from other sources. Aggrieved with such order of the CIT (A), the assessee is in appeal before the Tribunal. 7. I have heard the Learned Departmental Representative and perused the assessment order....