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30-10-2019,Vasudev Patidar, Section 144, 10(22), Tribunal Indore

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1 week 4 days ago #11271 by amit
Section - 144, 10(22)
Order Date - 30-10.2019
Favouring - Revenue
Court - Tribunal Indore
Appellant - Vasudev Patidar
Respondent - ITO
Justice - KUL BHARAT JM & MANISH BORAD AM
Citation - 1119Taxpundit12
Appeal No. - ITA No.473/Ind/2017
Asstt. Year - 2013-14

Order

PER : MANISH BORAD, A.M

This appeal at the instance of Assessee pertaining to A.Y. 2014-14 is directed against the order of Commissioner of Income Tax-(Appeals)-I, Indore, (in short ‘CIT’), dated 24.03.2017 which is arising out of the order u/s 144 of the Income Tax Act 1961(hereinafter called as the ‘Act’) framed on 28.01.2016 by ITO2(4), Indore.

2. The assessee has raised following grounds of appeal:

“That, the Ld. CIT(A) erred in not allowing in the appeal in full. When the Ld. CIT(A) accepted that there is a typographical mistake then there is no justification in maintaining the agricultural income of Rs.13,53,068/-.

2. That the Ld. CIT(A) further erred in assessing the agricultural income as income from other sources.

3. That the Ld. CIT(A) further erred in upholding the agricultural income as income from other sources & the income estimated by him is not proper particularly when the assessee is having agricultural income and bank interest income. The onus lies on the department to establish that the assessee derived income from any other source. No such material is there and therefore the income of Rs.13,070/- and agricultural income of Rs.4,70,802/-.

4. The assessee owns agricultural land 5.13 Bigha at Maheshwar & 4.87 Bigha at Tillor Khurd totalling 10 Bigha of agricultural land in which 50% agricultural land is owned by the brother of the assessee.

5. Ld. CIT(A) erred in upholding the agricultural income of Rs.13,53,068/- as agricultural income in 5 Bighas of agricultural land. ”

3. Briefly stated facts as culled out from the records are that the assessee is an ind vidual earning income from interest and agricultural operation. Income of Rs.13,070/- and agricultural income of Rs.47,08,302/- declared in the return of income filed on 30.03.2014. Case selected for scrutiny assessment, followed by serving of notices u/s 143(2) & 142(1) of the Act. Learned Assessing Officer (in short Ld. AO) after examining various details relating to assessee’s claim of agricultural income of Rs.47,08,302/- and after going through the details of Sales proceeds, expenses incurred, cash deposited by the assessee in the bank accounts, came to a conclusion that the assessee has made incorrect claim of agricultural income of Rs.44,08,302/- and the same needs to be added as “Income from other sources”, thereby, assessing income at Rs.44,21,372/- and agricultural income assessed at Rs.3,00,000/-.

4. Against this addition the assessee preferred an appeal before the Ld. CIT(A) and partly succeeded to the extent that Ld. CIT(A) deleted the addition of Rs.30,68,302/-.

5. Now the assessee is in appeal challenging the finding of Ld. CIT(A) confirming the addition of Rs.13,40 000/-( Addition by the Ld. AO at Rs.44,08,302/- less - Addition deleted by the Ld. CIT(A) at Rs.30,68,302/-).

6. Ld. counsel for the assessee vehemently argued referring to the following written submissions, placing reliance on decision and referring to the cash flow statements: The appellant contends that the source of the deposits is explained as under:

Total deposit in bank of assessee Rs. 25,40,000
Less: Withdrawals from bank Rs. 18,56,000
Less: Household expenses Rs. 1,50,000 Rs. 17,06,000
Less: Withdrawals from Seva Sahakari
Bank (PB 33) Rs. 4,15,000
Less: Agricultural income on 3.263 hectares
(Belonging to assessee) Rs. 4,70,830
Less: Balance out of past savings Rs. 1,00,000
(Rs. 1,51,830)

1. Withdrawals from Bank Summarised chart of monthly cash deposits and withdrawals from bank account of appellant are given below

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