TaxTMI 
TaxTMI 
2023 (7) TMI 277
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....ness and other sources. He filed his return of income for the assessment year 2017-18 on 07/07/2017 declaring an income of Rs. 4,17,760/-. Learned Assessing Officer, however, determined the income of the assessee by order dated 01/03/2019, by making addition of Rs. 4 lakhs and Rs. 17,163/-. 3. Insofar as addition of Rs. 4 lakhs is concerned, the plea of the assessee before the learned Assessing Officer was that it was derived as agricultural income and also from the sale of timber of the trees that were grown on the border of his land. Learned Assessing Officer, however, did not agree with the contention of the assessee on the ground that the land of the assessee is situated in urban area; assessee is, therefore, an urban land holder and a....
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....ng the observations of the Inspector, visited the land, but recorded that the acceptance of agricultural income in the earlier years does not ipso facto prove that the assessee had agricultural income this year also. He further observed that there is no evidence to show that assessee sold the timber to make good difference between the alleged agricultural proceeds observed by the ITO and the agricultural income declared by the assessee. Learned CIT(A), accordingly dismissed the plea of the assessee. 6. Insofar as the other income is concerned, learned CIT(A) allowed the appeal of the assessee and deleted the same. 7. It is, therefore, clear that what needs to be decided in this appeal is only the issue relating to the agricultural income.....
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....ed CIT(A) went on to observe that there is no evidence for sale of teak wood trees or sale of the other agricultural produce and, therefore, he does not believe the same. It is strange. When once the assessee produced the commercial crops like chilies and cotton, it is too much to expect that all the chilies and cotton grown on 11 acres of land would be kept by the assessee for his own consumption or that he has given all such produce for charity, without deriving any income what-so-ever. Above all, the assessee is an agriculturist, eking out livelihood from agricultural operations, which would be culminated by realization of the amount by sale of the harvested agricultural produce. Agriculturists are not regular business men, who would kee....