TaxTMI 
TaxTMI 
2026 (9) TMI 1394
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.... the assessment order dated 31-Mar-2021 passed under section 143(3) of the Income Tax Act. 2. At the outset, it is noticed that there is a delay of 177 days in filing the appeal before the Tribunal. The Assessee has filed a petition seeking condonation of delay, stating that she became aware of the order of the ld. CIT(A) dated 03- Jun-2025 only later, and thereafter filed the appeal on 24-Feb-2026. It is submitted that the Assessee is a lady agriculturist and was not conversant with the technicalities of the tax portal or electronic communication. She was also unaware of the order, as it was served through the email address of her authorised representative, which prevented her from monitoring the legal compliances. It was further conclu....
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....000, incurred agricultural expenditure of Rs.34,22,300, and disclosed net agricultural income of Rs.38,97,700. The learned Assessing Officer, however, treated the agricultural income as unsubstantiated and added Rs.73,20,000 to the Assessee's income. 7. Briefly, the Assessee, an individual, filed her return of income on 26-Aug-2018 declaring total income of Rs.1,27,690. The return was selected for limited scrutiny to verify the agricultural income. Notice under section 143(2) of the Income Tax Act was issued to the Assessee on 28-Sep-2019. The learned Assessing Officer noted that, for Financial Year 2017-18, the profit and loss account reflected agricultural income of Rs.38,97,700, which was substantial compared with the returned income.....
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....n which she carries out plantation and cultivation activities, including banana, mango, coconut, papaya, greens and vegetables. It was stated that banana is cultivated on a yearly basis and that the Assessee also grows mango, papaya, greens and vegetables through an integrated cropping system. The agricultural produce is sold periodically, mainly at the farm gate or through commission agents in the market, and the sale quantities are maintained. During the year, the Assessee stated that she received total agricultural receipts of Rs.73,20,000 in cash, as fruits and vegetables are ordinarily sold for cash. Thus, according to the Assessee, the agricultural income stood duly explained. The Assessee further explained that she filed her return o....
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.... and that substantial interest repayment obligations were incurred in connection with the said loan. She further submitted that the UTI Bank Yelahanka branch had also sanctioned another agricultural term loan of Rs.60,00,000 on 02-Aug 2006 for the cultivation of coloured capsicum. The Assessee submitted that sufficient land 77.5 acres in her name and further 25.04 acres in the name of her husband was available for cultivation and that the relevant portions of the agricultural land were used for growing the stated crops. 10. Assessee also explained that there are 19,250 banana plantation, 10,000 coconut trees, 1000 mango trees, 5000 papaya plants and 3000 pomegranate plantations. She also produced the photographs of her plants in the farm....
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....hat the details furnished by the assessee here clearly shows that she is in agriculturist and the manner in which the explanation is given by the assessee along with her husband about the activity agricultural activities carried out by the assessee were never produced before the learned lower authorities. 14. We have carefully considered the rival contention and perused the orders of the learned lower authorities. In fact, the assessee has filed return of income declaring total income of Rs. 127,690. In the return of income, the assessee has stated that she has earned gross agricultural income of Rs. 7,320,000 and incurred an expenditure of Rs. 3,422,300. Thus, the net agricultural income offered by the assessee was Rs. 3,897,700. The as....
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....sessee has huge agricultural activities. The assessee has grown banana, mango, papaya, arecanut, pomegranate, the coloured capsicum, green vegetables and several other fruits and vegetables. The claim of the assessee is that assessee is not using pesticide manual but using organic binder of cow dung, if on the Conservative basis we find that the income shown by the assessee net of expenditure is only Rs. 39 lakhs agricultural on cultivation of 70 acres of land than the average income of the assessee can be considered at Rs. 55715 per acre. We do not find that such income is unreasonable in view of the substantial activities of borrowing, cultivation, existence of plant et cetera shown by the assessee before us. 15. It is also not correct....