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2024 (5) TMI 186

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....der passed by Assessing Officer u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), dated 10.12.2019. 2. The grounds of appeal raised by the assessee are as follows: "1. On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in passing the order under section 143(3) of the Act, 1961 without considering cash inflow from Agricultural Income and cash withdraw from earlier period and same cash deposit in Bank. But without considering and verify genuineness of Agricultural Income Ld. Assessing Officers make an addition of whole Agricultural Income as income from othe....

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....an Individual and filed his return of income for assessment year (AY) 2017-18, on 05.08.2017 declaring total income at Rs.40,870/-. The assessee`s case was selected for scrutiny under CASS for limited scrutiny purpose. Accordingly, notice under section 143(2) of the Act has been issued on 21.09.2018 and duly served upon the assessee. During the year, the assessee has earned income from other sources and agriculture activities. Thereafter, notices under section 142(1) of the Act have been issued on various dates. 4. In response to the above notices, the assessee has filed the details regarding agriculture income. The reply of the assessee is as under: Name of Crop Area of cultivation Total production Total sale Sugar Cane 2....

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.... Mandli- Bardoli for the F. Y. 2016-17. From that agriculture income has been justified. Submitting expenses vouchers Voucher for labour and wages there is no voucher available and not possible from any farmer to maintain about payment of wages to labour. 2. Payment of seeds for the F. Y. 2016-17 my sugar cane is not freshly planted (called New Ropan) but it is existing sugar cane which is grown up again in farm (called Laam) so for that no voucher for payment of seeds available. 3. Fertilizer is natural fertilizer and it is received from another farmer and it is not possible from them for the available of any vouchers. 4- Electricity expenses paid in cash which is directly paid to village water cooperative of farmers and ....

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.... these evidences and documents were there before the assessing officer, however, assessing officer did not consider these documents and evidences in right perspective. Thus, ld Counsel stated that assessee has deposited the cash in the bank account out of his agricultural income and out of the cash withdrawn from the bank, therefore such cash deposits in bank account should not be subject to levy of tax. Therefore, Ld. Counsel contended that addition made by the assessing officer may be deleted. 10. On the other hand, learned Senior Departmental Representative (ld. Sr. DR) for the Revenue has primarily reiterated the stand taken by the Assessing Officer, which we have already noted in our earlier para and is not being repeated for the sa....