Shri Manoj Kothari, Dadra & Nagar Haveli V. The Income Tax Officer, Ward-2, Vapi

ITA 1053/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9577 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 10-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER, AND SHRI S. S. GODARA, JUDICIAL MEMBER. ITA NO. 1053/AHD/2014 (ASSESSMENT YEAR:2009-10) MANOJ KOTHARI 23, OIDC HOUSING COMPLEX, NAROLI ROAD, SILVASSA, DADRA & NAGAR HAVELI - 396230 APPELLANT VS. INCOME TAX OFFICER, WARD-2, VAPI RESPONDENT PAN: ABQPK1130N /BY ASSESSEE : SHRI HARDIK VORA, A.R. /BY REVENUE : SHRI JAMES KURIAN, SR. D.R. /DATE OF HEARING : 02.01.2017 /DATE OF PRONOUNCEMENT : 06.01.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009-10 ARISES AGAINST THE CIT(A), VALSADS ORDER DATED 14.02.2014, IN APP EAL NO. CIT(A)/VLS/339/2011-12 CONFIRMING AGRICULTURAL INCO ME ADDITION OF ITA NO. 1053/AHD/2014 (MANOJ KOTHARI VS. ITO) A.Y. 2009-10 - 2 - RS.2,50,000/-, IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. WE STRAIGHT WAY COME TO THE SOLE SUBSTANTIVE ISS UE INVOLVED IN THE INSTANT APPEAL. THE ASSESSEE DECLARED AGRICULTURAL INCOME OF RS.4LACS. THE ASSESSING OFFICER SOUGHT CORRESPONDING DETAIL THERE OF. THE ASSESSEE WOULD FURNISH PURCHASE DEEDS OF AGRICULTURAL LAND A LONGWITH INCOME AND EXPENDITURE STATEMENT OF HIS AGRICULTURAL INCOME. THE ASSESSING OFFICER NOTICED HIM TO HAVE GROWN SOYABEEN RESULTING IN TOT AL INCOME OF RS.5,25,288/- THEREFROM. HE ASKED THE ASSESSEE TO PRODUCE SALE BILLS OF AGRICULTURAL PRODUCE AND DETAILS OF THE EXPENDITURE INCURRED. HE QUOTED ASSESSEES FAILURE TO ESTIMATE THE ABOVE INCOME FIG URE FROM RS.4LACS TO RS.1.5LACS ONLY RESULTING IN ADDITION OF THE REMAIN ING AMOUNT OF RS.2.5LACS. THE CIT(A) CONFIRMS THE SAME. 3. HEARD BOTH SIDES. CASE FILE PERUSED. LEARNED C OUNSEL STRONGLY ARGUES THAT BOTH THE AUTHORITIES BELOW HAVE ERRED I N MAKING THE IMPUGNED ADDITION OF AGRICULTURAL INCOME AMOUNTING TO RS.2.5 LACS HEREINABOVE. WE PUT UP A SPECIFIC QUERY AS TO HOW MUCH AGRICULTURAL LAND THIS ASSESSEE HAS OWNED IN THE RELEVANT PREVIOUS YEAR GIVING RISE TO THE IMPUGNED AGRICULTURAL INCOME. LEARNED COUNSEL REPLIES THAT THIS INCOME HAS BEEN DERIVED FROM FIVE BIGHAS OF AGRICULTURAL LAND. WE ARE OF THE OPINION IN THESE PECULIAR FACTS THAT THE ASSESSEES AVERAGE NE T INCOME PER BIGHA COMES TO BE RS.30000/- WHICH IS FOUND TO BE JUST AND PROP ER IN ABSENCE OF OTHER SPECIFIC DETAILS. MORE PARTICULARLY THERE IS NO MA TERIAL BEFORE US INDICATING THE PREVAILING MARKET RATE OF THE ABOVE SOYABEEN CR OP WHICH COULD EVEN POINT OUT A SLIGHTER INFIRMITY IN THE ASSESSING OFF ICERS ESTIMATION UNDER ITA NO. 1053/AHD/2014 (MANOJ KOTHARI VS. ITO) A.Y. 2009-10 - 3 - CHALLENGE. WE THUS FIND NO REASON TO INTERFERE IN THE CIT(A)S ORDER CONFIRMING ASSESSING OFFICERS ACTION MAKING THE IM PUGNED AGRICULTURAL INCOME ADDITION OF RS.2.5LACS. 4. THIS ASSESSEES APPEAL IS DISMISSED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 06 TH DAY OF JANUARY, 2017.] SD/- SD/- ( PRAMOD KUMAR ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 06/01/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0