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10-01-2019, R Nagesh Gowda, Section 69, 69A, 69B, Tribunal Bangalore

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2 months 6 days ago #8355 by amit
Section - 69, 69A, 69B
Order Date - 10-01-2019
Favouring - Assessee allowed for statistical purpose
Court - Tribunal Bangalore
Appellant - R Nagesh Gowda
Respondent - ITO
Justice - N.V VASUDEVAN VP
Citation - 119Taxpundit151
Appeal No. - ITA No.3294/Bang/2018
Asstt. Year - 2015-16

Order

PER : N.V VASUDEVAN

This is an appeal by the assessee against the order dated 12/10/2018 of Commissioner of Income-tax (Appeals) – 3 relating to asst. year 2015-16.

2. The assessee is an individual. For asst. year 2015-16, the assesee field return of income declaring total income of Rs.Nil. The assessee in the return of income had shown agricultural income to the tune of Rs.54,46,450/-. To verify to claim of the assessee regarding agricultural income, the case was selected for scrutiny under CASS.

4. In the proceedings before the AO, the assessee filed evidence to show that he was holding agricultural land of an extent of 15 acres at survey No.184, 185, 186 and 190 at Kalenahalli, Dandiganahalli HObli, Channarayappatna Taluk, Hassan District. The assessee claimed that he had cultivated coconut plantation in 7 acres, banana plantation in 3 acres and ginger crop in 5 acres. The claim of the assessee was that the lands were well fed with water from bore well and Hemavathy river irrigation cannal. The assessee claimed that he was supervising the agricultural activities by employing labourers for carrying out agricultural operations. The assessee claimed that banana and coconut have been sold locally to buyers at the farm and that ginger was also sold to farmers at the farm. Gros agricultural income derived by the assessee was Rs.60,40,000/- and after incurring an expenditure of Rs.5,93,550/-, the assessee claimed to have received net agricultural income of Rs.54,46,450/-. The assessee also claimed that it had not sold the agricultural produce to any trader or through APMC market and
therefore no sale bill or vouchers were available with him.

5. The following were the items of expenditure claimed by the assessee.

1. Temporary Labour for Ginger and Banana 1,20,000 (800 Man days labour * 150 Per Day)

2. Permanent Labour for Supervision and Maintenance 1,80,000

3. Fertile Soil Purchase 70,000

4. Manure, Fertilizers, Composts, Organic Manure, Medicines 1,50,000

5. Equipments Hire for tilling, Sowing and cutting 40,000

6. Borewell Maintenance 25,000

7. Misc Expenses 8,550 Total 5,93,550

6. The breakup of sale value of the various produce grown by the assesee as follows:-

7. The AO made enquiries from the Village Accountant and in response to the request of the AO, the V.A forwarded copies of RTC of land owned by the asse see which was as follows:-

8. The conclusion of the AO on the basis of the above was that assessee did not grow banana during the previous year relevant to asst. year 2015-16. The AO also issued a direction to the ITO Ward-I , Hassan to make necessary enquiries and furnish report on the extent of land owned by the assessee and the corps claimed to have been grown by the assessee. The ITO, Ward-1, Hassan got the land inspected by an Inspector. The Inspector’s enquiry report showed that the assessee owned following extent of land and had grown following corps in the land owned by him.

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