SHRI SATISH MUNDE, Nagpur V. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1 , Nagpur

ITA 1/NAG/2018

AI Insights

The case involves Shri Satish Munde, an individual engaged in trading food grains under the name M/s. Balaji Enterprises, who appealed against the order of the Commissioner of Income Tax (Appeals) -1, Nagpur. The dispute centered on the assessment year 2013-14, where the assessee declared a total income of Rs.1,07,51,400 and agricultural income of Rs.18,09,705 in his return filed on 30.09.2013. The Assessing Officer disallowed the entire agricultural income due to lack of evidence and detailed records, leading to an increased assessed income of Rs.1,31,84,518. The CIT(A) partially accepted the assessee's claim, estimating agricultural income based on past records but sustaining a significant addition. The Tribunal found the CIT(A)'s estimation reasonable and consistent with previous ITAT decisions, thus dismissing the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136750 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-07-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 01-01-2018
• Other Referred Cases: Hon'ble ITAT, Nagpur
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RASHMI MATHUR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR – VIRTUAL COURT BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.01/NAG/2018 िनधाᭅरण वषᭅ / Assessment Year : 2013-14 Shri Satish Munde, G-1, Ashraya Gulab Palace, 22B, Farmland, Ramdaspeth, Nagpur- 440010. PAN : ACUPM6198B Vs. DCIT, Circle-1, Nagpur. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)-1, Nagpur [‘the CIT(A)’] dated 16.10.2017 for the assessment year 2013-14. 2. Briefly, the facts of the case are that the appellant is an individual engaged in the business of trading in food grains carrying under the name and style of M/s. Balaji Enterprises. The Return of Income for the assessment year 2013-14 was filed on 30.09.2013 declaring total income of Rs.1,07,51,400/-. Apart from this, the assessee also declared agricultural income of Rs.18,09,705/-. Assessee by : None Revenue by : Smt. Rashmi Mathur Date of hearing : 20.07.2023 Date of pronouncement : 31.07.2023 ITA No.01/NAG/2018 2 Against the said return of income, the assessment was completed by the Dy. Commissioner of Income Tax, Circle-1, Nagpur (‘the Assessing Officer’) vide order dated 03.02.2016 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’) at a total income of Rs.1,31,84,518/-. While doing so, the Assessing Officer made addition of Rs.18,09,705/- out of agricultural income disbelieving the claim of the assessee that it is an agricultural income, as the assessee had failed to file the details of the expenditure incurred on agricultural activities as well as the income earned. 3. Being aggrieved by the above addition, an appeal was filed before the ld. CIT(A), who vide impugned order held that in the absence of maintenance of books of accounts and evidence in support of the agricultural activities, produce, a sum of Rs.12,00,000/- on account of agricultural income was to be accepted and balance of Rs.6,09,705/- was sustained based on the estimation of agricultural income @ Rs.30,500/- per acre. 4. Being aggrieved, the appellant is in appeal before us in the present appeal. 5. When the appeal was called on, none appeared on behalf of the assessee despite due service of notice of hearing, therefore, we proceed to dispose of the appeal after hearing the ld. Sr. DR. ITA No.01/NAG/2018 3 6. We heard the ld. Sr. DR and perused the material on record. The issue in the present appeal relates to the estimation of agricultural income. The Assessing Officer had made addition disbelieving investment of the agricultural income. However, on appeal before the ld. CIT(A), the ld. CIT(A) following the order of the Hon’ble ITAT, Nagpur held that in the absence of complete records maintained by the assessee, agricultural income @ Rs.30,500/- per acre would be reasonable. However, keeping in view the past history of the appellant declaring agricultural income of Rs.11,55,054/- for the assessment year 2012-13 held that the estimation of agricultural income of Rs.12,00,000/- would be justified and the balance of addition of Rs.6,09,705/- was sustained. We find that the order of the ld. CIT(A) is reasonable and based on the decision of the Hon’ble ITAT, Nagpur, therefore, requires no interference. Accordingly, the grounds of appeal filed by the assessee stand dismissed. 7. In the result, the appeal filed by the assessee stands dismissed. Order pronounced on this 31 st day of July, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 31 st July, 2023. Sujeet ITA No.01/NAG/2018 4 आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-1, Nagpur. 4. The Pr. CIT-1, Nagpur. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.