TaxTMI 
TaxTMI 
2019 (8) TMI 1854
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....s of the case in brief are that the A.O. on the basis of information that the assessee had deposited cash amounting to Rs. 26,68,850/- in his savings bank account with Axis Bank Limited, Sadhaura, initiated the proceedings under section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'Act'). In response the assessee filed the return of income on 03/07/2017 declaring NIL income along with agriculture income of Rs. 25,27,800/-. The assessee explained that he alongwith his family members has 27.5 Acres of agriculture land and there were " Popular Trees" on 20 Acres of land and that the trees were also planted on the periphery of the field which were sold for Rs. 20.65 lacs during April and May 2009. However the A.O. was of th....
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....income of Rs. 25,27,800/-. Since, the assessee failed to substantiate income from sale of Popular Trees, therefore, the assessing officer has rejected claim of the assessee regarding sale of Popular Trees and treated the same as income from undisclosed sources. The assessing officer has reduced agriculture income to Rs. 4,32,800/-. The Ld. Counsel has submitted that the assessee has earned agricultural income as per Khasra Gidawari submitted before the assessing officer. As per these records, the assessee is cultivating Wheat, Rice, Vegetables etc. in his fields. The assessee has not submitted J forms or any other record in support of claim of agricultural income. The assessing officer has not disputed the land ownership by the assessee.....
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....he plantation of the Popular trees, assessee also furnished copy of the Girdawari of the land for the plantation of two crops relating to the years 2007-08 to 2009-10. It was also stated that if Popular is grown on the periphery of the field there is no mention of the same in the Girdawari and this fact was verified from Halka Patwari also. It was submitted that the assessee furnished the affidavit of the purchaser of Popular trees before the A.O., my attention was drawn towards page no. 6 & 7 of the assessee's compilation which are the copy of the affidavit of Shri Ziledar Ali S/o Mohd. Islam Ali R/o Chuhadpur Kalan PO- Malakpur Khadar, Yamunanagar where in it has been stated that he had purchased Popular for Rs. 10,40,000/- from the asses....
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....d order passed by the Ld. CIT(A). 8. I have considered the submissions of both the parties and perused the material available on the record. In the present case it appears that the A.O. made the addition and rejected the explanation of the assessee that the Popular trees were also planted on the periphery of the field having the crops of wheat and paddy. The A.O. did not doubt the crops sown by the assessee but had not accepted this contention that the Popular trees planted on the land and on the periphery of the field were sold for Rs. 20.65 lakhs. Ld. CIT(A) estimated the agriculture income at Rs. 11,00,000/- from 27.5 Acres of land @ Rs. 40,000/- per acre and also accepted the income from sale of Popular trees at Rs. 2,00,00....