TaxTMI 
TaxTMI 
2025 (8) TMI 1598
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....e has filed a petition for condonation of delay supported by an affidavit, explaining that he had, within the statutory period, entrusted the filing to a professional representative, CA Piyush Shah, who failed to file the appeal within time. Upon discovering the lapse, the assessee promptly appointed a new representative, CA Vipul Gohil, who filed the appeal on 28.01.2025. The delay is attributed to professional default and not to any negligence or lack of diligence on the part of the assessee. The assessee asserts that he acted promptly upon becoming aware of the lapse and has prayed for condonation of delay in the interest of justice. 2.2 The affidavit affirms that the appellant's conduct throughout has been bona fide. The assessee took all reasonable steps within his control and placed trust on a duly appointed professional. The moment the lapse was known, corrective action was promptly taken. The delay, therefore, was caused by circumstances which can fairly be characterized as beyond the assessee's control. The Tribunal also finds that the assessee is an individual agriculturist, not well-versed in legal procedure, and had acted upon professional advice in a manner any prud....
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.... 33,66,000/- in his bank accounts and hence, the availability of cash on hand as on 31.03.2016 appeared improbable. Further, the AO noted that the assessee had regular banking habits, maintaining at least three bank accounts with frequent withdrawals ranging from Rs. 5,000/- to Rs. 1,00,000/-, and was unlikely to hoard cash. The claim of agricultural sales during September-October 2016 was also disputed on the basis of local agronomic data indicating paddy harvesting in Gujarat typically occurs during late October to November. The assessee's own sales chart for F.Ys. 2014-15 and 2015-16 revealed major sales during November- December, thereby negating the asserted September-October sales. The AO also noted that the assessee paid credit card dues of Rs. 10,30,100/- during the year, for which no source was explained, thereby weakening the claim of availability of cash for deposits. Concluding that the source of Rs. 12,05,500/- deposited during the demonetisation period remained unexplained, the AO invoked section 68 and taxed the amount at special rate under section 115BBE. Penalty proceedings under section 271AAC were separately initiated. 3.4 The assessee preferred an appeal befo....
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....e in the preceding two assessment years during the same time frame. The AR argued that far from being abnormal, the demonetisation year deposit was the lowest among the three, and thus no adverse inference should be drawn. 4.2 In support of the source of funds, the assessee submitted copies of land records (gram utara 7/12 and 8A) evidencing ownership of approximately 43,043 sq. meters of agricultural land forming part of total cultivable area of 1,29,129 sq. meters. These documents were again filed before the AO along with the covering letter dated 02.12.2019 and are placed in the paper book. The land was used for cultivation of paddy and wheat, and sale proceeds from the same were the source of the impugned deposits. As per the agricultural income chart placed on page 99 of the paper book, the assessee disclosed: i. Agricultural income for A.Y. 2015-16: Rs. 25,11,604/- ii. Agricultural income for A.Y. 2016-17: Rs. 25,87,016/- iii. Agricultural income for A.Y. 2017-18: Rs. 25,02,569/- 4.3 The AR also drew attention to page 88 of the paper book, which contains a confirmation from Arman Traders, the entity to whom agricultural produce (paddy and whea....
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....arding the source of cash as being out of agricultural income and made the impugned addition on the ground that no satisfactory evidence was produced. The Ld. CIT(A) confirmed the addition by dismissing the appeal. 6.1 During the course of hearing, the AR drew our attention to the detailed written submissions filed before the AO, including copies of Form 7/12 and 8A (land records) placed at pages 109-111 of the paper book, which establish that the assessee and his family members owned substantial agricultural land in village Chorli, Taluka Dholka, District Ahmedabad. These land parcels, admeasuring approx. 43,043 sq. metres in assessee's share, were shown to be irrigated and continuously cultivated with crops like wheat and paddy during the preceding years. The assessee also placed reliance on receipts from the Agricultural Market Committee, sale confirmations from Arman Traders, and comparative cash deposit patterns during November-December for A.Ys. 2015-16 to 2017-18 (page 98 of paper book), to demonstrate the continuity of activity and the regularity of deposits. On careful perusal, we find that the assessee's explanation is supported by contemporaneous documentary evidence ....