TaxTMI 
TaxTMI 
2023 (2) TMI 689
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....Appeals), NFAC, passed under section 250 of the Income Tax Act, 1961 ("the Act") in so far as it is against the Appellant is opposed to law, weight of evidence, probabilities, facts and circumstances of the Appellant's case. 2. The appellant denies herself to be assessed at Rs.6,80,100/- as against the returned income of Rs.2,91,740/- after claiming exemption of agricultural income Rs.6,28,36o/-on the facts and circumstances of the case. 3. The authorities below were not justified in disallowing agricultural income to the extent of Rs.3,88,360/- under the facts and circumstances of the case. 4. The authorities below were not justified in making ad-hoc disallowance of agricultural income on the facts and circum....
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....act that the said prerequisites do not apply to the appellant, on the facts and circumstances of the case. 11. The authorities below were not justified in treating the agricultural income as income from other sources, by merely reducing the claim of exempt income without there being any income under the head 'income from other sources', on the facts and circumstances of the case. 12.The authorities below have failed to appreciate that the appellant has been consistently declaring agricultural income every year and disallowance of exempt income for the relevant assessment year without any change in facts is not warranted on the facts and circumstances of the case." 3. The assessee filed petition for admission of ....
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....land and he considered only an amount of Rs.2,40,000/- as agricultural income and the balance amount of Rs.388,360/- was considered as income from other sources. On appeal the same has been confirmed by the learned CIT(A). Against this the assessee is in appeal before the Tribunal. 7. The learned A.R. submitted before me that the assessee is owning 6.31 acres of agricultural land and the assessee is growing coconut trees in the said land and he has been declaring agricultural income from assessment year to assessment year as follows: Assessment Year Agricultural Income 2015-16 5,00,781 2016-17 6,39,480 2017-18 6,28,360 2018-19 6,56,752 2019-20 6,62,350 He submitted that the above declared agricultur....
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....only an amount of Rs.2,40,000/- as an agricultural income and the balance amount of Rs.388,360/- was considered as income from other sources. The assessee is admittedly owning 6.31 acres of agricultural land and the assessee has been growing coconut trees and declaring income from assessment year to assessment year and the assessee's declaration of agricultural income in earlier assessment years 2015-16 and 2016-17 and in subsequent years 2018-19 and 2019-20 has been accepted and there was no addition on this count as seen from the earlier returns of income produced by the assessee before us. The lower authorities have not doubted the owning of agricultural land and growing of coconut trees therein. The AO has not brought any material to su....