Sh. Baldev Singh Bhandari, Sirmour V. ITO, , Nahan

ITA 189/CHANDI/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1280 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 05-09-2018
• Assessment Year: 2014-2015
• Appeal Filed On: 16-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDER KANTA
• Assessee Lawyers: B S MONGAADV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 188 & 189/CHD/2018 ASSESSMENT YEARS : 2013-14 & 2014-15 SH. BALDEV SINGH BHANDARI, VS. THE ITO, NAHAN, PROP M/S BHANDARI KATHA UDYOG, H.P. 37/4, BHANDARI NIWAS, THE MALL, ROAD NAHAN, DISTT.SIRMOUR, H.P. PAN NO. ABUPB9135C (APPELLANT) (RESPONDENT) APPELLANT BY : SH. B.S. MONGA,ADV. & SH. ROHIT KAURA, ADV. RESPONDENT BY : SMT.CHANDERKANTA, SR.DR DATE OF HEARING : 05.09.2018 DATE OF PRONOUNCEMENT : 07. 09 .2018 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEALS HAVE BEEN PREFERRED BY THE ASSE SSEE AGAINST THE COMMON ORDER DATED 8.12.2017 OF THE COM MISSIONER OF INCOME TAX (A), SHIMLA [HEREINAFTER REFERRED TO AS CIT(A)] 2. SINCE THE FACTS AND ISSUES INVOLVED IN BOTH THE APPEALS ARE IDENTICAL, THEREFORE, THESE HAVE BEEN HEARD TOGETHE R AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. ITA NOS. 188 & 189/CHD/2018- SH. BALDEV SINGH BHANDAR,SIRMAOUR 2 3. THE SOLE ISSUE INVOLVED IN THESE APPEALS IS AS T O WHETHER THE INCOME FROM PRODUCTION AND SALE OF MUSHROOM CAN B E TERMED AS AGRICULTURAL INCOME UNDER THE PROVISIONS OF INC OME-TAX ACT, 1961. 4. BOTH THE LD. REPRESENTATIVE OF THE PARTIES HAVE FAIRLY SUBMITTED THAT THE ISSUE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE RECENT DECISION OF THE SPECIAL BENCH OF THE TRIBUN AL AT HYDERABAD IN THE CASE OF DCIT VS. INVENAA INDUSTRIES (P) LTD., [2018] 95 TAXMANN.COM 162 (HYDERABAD TRIB.) (SB), WHEREIN, THE SPECIAL BENCH OF THE TRIBUNAL AFTER DELIBERATING ON THE ISS UE AT LENGTH HAS FINALLY CONCLUDED THAT THE INCOME ARISING FROM THE PRODUCTION AND SALE OF MUSHROOM IS AGRICULTURAL INCOME AND, HENC E, EXEMPT U/S 10(1) OF THE INCOME-TAX ACT, 1961. RESPECTFULLY FO LLOWING THE SPECIAL BENCH DECISION OF THE TRIBUNAL, THE ISSUE I S ACCORDINGLY DECIDED IN FAVOUR OF THE ASSESSEE. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE STA ND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.09.2018 SD/- SD/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 07.09.2018 RKK COPY TO: THE APPELLANT THE RESPONDENT THE CIT THE CIT(A) THE DR