TaxTMI 
TaxTMI 
2026 (3) TMI 1007
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....aware of the notices issued, as the mail id and password were changed. 4. The Ld. CIT(A) ought to have observed the fact that the cash deposits of Rs. 40,90,000/- is made out of sale of agricultural produce and as such there is no scope for treating it as unexplained money u/s 69A. 5. The Ld. CIT(A) ought to have considered that the Ld. AO has not doubted the existence of agricultural lands and carrying out of agricultural operations, but still proceeded to make the addition, which is bad in law. 6. The Ld. CIT(A) ought to have observed that the Ld. AO has not rejected the evidences submitted in relation to the carrying out of agricultural activities such as the confirmation letters, PAN, Aadhar, Address, Patta pass books, adangals/pahani copies etc, and hence the said addition is bad in law. 7. The Ld. CIT(A) ought to have considered that the treatment of cash deposits as unexplained money u/s 69A is not sustainable, since the Appellant has furnished the sources and provided detailed explanations that the same is out of sale of agricultural produce. 8. The Ld. CIT(A) ought to have observed that the addition made by the Ld. AO is without....
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....itted that the assessee substantiated his claim by producing ownership of the land measuring 35.96 acres in the shape of sale deeds and income certificate received from the Government Authority during the assessment proceedings. He has referred to the copies of these records including the land holding and income certificate issued by the Government placed on page nos.121 to 313 of the paper book. In response to the show cause notice of the Assessing Officer, the assessee furnished confirmation letters of the parties who have taken the land on lease for cultivation of crops along with their identity. The learned Authorised Representative of the Assessee has referred to the submissions before the Assessing Officer placed at page nos.319 to 336 and submitted that the assessee explained all the relevant details regarding the agricultural income and source of deposit in the bank account. The Assessing Officer has insisted on the lease deed. However, the land was given to the farmers on an oral agreement and there was no written lease deeds entered into between the assessee and the farmers. Therefore, the documents which were not in existence could not be provided to the Assessing Office....
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....s the assessee has declared agricultural income only to the tune of Rs. 3.5 lakhs. However, for the year under consideration the assessee has claimed the agricultural income of Rs. 40,90,000/- which is disproportionate to the income declared by the assessee in earlier years. The learned DR has further submitted that the Assessing Officer has duly considered the reply filed by the assessee and noted that the assessee has not claimed agricultural income during the year under consideration in the return of income filed and only when the Assessing Officer in the scrutiny assessment issued a show cause notice regarding the cash deposit of Rs. 40,90,000/-, the assessee has not provided any supporting documentary evidence to substantiate the claim that the source of the said deposit is agricultural income or sale of agriculture proceeds. The assessee has not provided any bill and voucher particularly, what he has sold the agriculture produce. The documents produced by the assessee proved only the agricultural land owned by the assessee but the same is not the proof of agricultural income as per the Income Tax provisions. He has relied upon the Orders of the authorities below. 6. We hav....
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.... The Assessing Officer has acknowledged the filing of the confirmation from the farmers along with PAN. The copies of the confirmations are placed at page nos.325 to 336 of the paper book as under: 6.2. Therefore, the assessee produced the confirmation along with copies of Aadhaar card and given the PAN of the some of the parties as stated by the Assessing Officer in the assessment order. However, the Assessing Officer observed that the PAN will not prove that they are farmers. The Assessing Officer insisted on the lease agreement and in the absence of the lease agreement, the claim of the assessee was rejected and the entire amount of deposit of Rs. 40,90,000/- was added to the total income of the assessee u/sec.69A of the Act. We further note that the assessee also produced cash flow statement before the Assessing Officer along with the agricultural income certificate. The assessee is an individual and having only the income under the Head "Salary" being pension received from the Government [Railways]. Therefore, the production of the cash flow statement by the assessee itself demonstrates the maintenance of the record by the assessee regarding the cash transactions of receipt....
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....alah, residing in Hyderabad. 2. The extent of land is admeasuring AC-2.29 situated at 5y.No.1163/4, 1163/9, 1880/5, 1880/10 Venkannapalem Village, Kota Mandal, Nellore District 3. I cultivated paddy in the above agricultural lands twice in a year and earned agricultural receipts. 4. I have made a Lumpsum payment of Rs.2,50,000/- in cash May 2021; which includes amounts towards lease payment and for the sale of crops. I submit copy of my Aadhar Card as requested for income tax purpose. 325 Thanking you Yours truly MaNare@om (Muppala Mahender Raju) Document 2 Liniquo Identification Authorbrol India Government o.andiare BING De:/ Enrollment No .: 1027/00787/00483 Te Muppata Mahendra Raju S/O Narasaraju 1-428 malavya nagar Gudur Andhra Pradesh - 524101 UF06785253SIN 6785253 ső Song / Your Aadhaar No. : 3814 9522 4230 GOVERNMENT DE INOM Muppala Mahendra Raju 3814 9522 4230 Document 3 Letter of confirmation To The Income tax Assessing officer / AO Delhi Sub: Letter of confirmation for Sri Panabaka Krishnanai - Reg. Dear Sir, I have an oral contract with Shri Panabaka Krishnaiah who presently residing in Hyderabad Tel....
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....uested by Sri. Panabaka Krishnaiah. Thanking you, Yours faithfully. (Batti Janardhan) B. Janardhan Document 6 Unique Identification Authority of India RADHAAR Print Date: 08/02/2021 ArdPÓ), Sand), tog Äối, 524406 Address. S.O Batti Subramanyam, Harijanawada-2. Chennuru-2, Guduru, Nellore, Andhra Pradesh, 524406 7465 4487 2719 [email protected] 1947 www.uidai.gov.in Document 7 Government of India 23/12/2011 Batti Janardhan Äáºp đố / DOB: 01/06/1985 Ridicat / Male Issue Date: 7465 4487 2719 Document 8 From: Polisetti Sreenivasulu. Ullavapalle. Nellore. Andhra Pradesh-524152. To The Hon'ble Income Tax Officer. New Delhi. SUB: Confirmation letter in the case of Shri. Panabaka Krishnaiah Respected Sir. I have obtained long term lease of land from Shri Panabaka Krishnaiah admeasuring Ac-5.66 situated at Sy. No 61/2A & 60/1. Ulavapalla Village. Dagadarthi Mandal. Nelluru District for cultivation and maintenance of the Eucalyptus trees which bears for every 3 years. For the same I have paid a Lumpsum amount of Rs.8.50.000/- in cash in the month of Sep. 2021 as a lease payment for 3 years dues ....