M/s Chaturbhuj Sheobux, Sheopur V. I.T.O., Shivpuri

ITA 194/AGR/2014

• Counselvise Citation: 19420314 RSA 2014
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 21-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BELU SINHA
• Assessee Lawyers: RAJENDRA SHARMA

Judgement Text

I.T.A. NO.194/AGRA/2014 ASSESSMENT YEAR:2003-04 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE: SHRI G.C. GUPTA, VICE-PRESIDENT AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO.194/AGRA/2014 ASSESSMENT YEAR: 2003-04 SHRI CHATURBHUJ SHEOBUX, VS. INCOME-TAX OFFICER, PROP. KUNJ BIHARI SARAF, SHIVPURI. SHEOPUR KALAN (M.P.) [PAN : AJVPS 1302 B] APPELLANT BY : SHRI RAJENDRA SHARMA, ADVOCATE RESPONDENT BY : SMT. BELU SINHA, SR. D.R. DATE OF HEARING : 22.07.2015 DATE OF PRONOUNCEMENT : 24.07.2015 O R D E R THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YE AR 2003-04, IS DIRECTED AGAINST THE ORDER OF THE CIT(A). THE ON LY EFFECTIVE GROUND OF APPEAL OF THE ASSESSEE IS GROUND NO.1, WHICH IS REPRODUCED AS UNDER : 1. THAT UNDER THE FACTS AND CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD CIT(APPEALS) GWALIOR HAS ERRED IN CO NFIRMING THE ADDITION OF RS.61533/- INCOME FROM OTHER SOURCE S BY ESTIMATING THE AGRICULTURAL EXPENSES 25% OF THE TOT AL RECEIPT OF RS.274569/- I.E. (68642 SHOWN 7109) RS.61533/- WHICH IS WITHOUT ANY BASIS ONLY O PRESUMPTION, ASSUMPTION AN D SURMISES LIABLE TO BE DELETED. 2. WE HAVE HEARD THE PARTIES AND HAVE PERUSED THE O RDERS OF THE AO AND THE CIT(A). WE FIND THAT THIS IS A SMALL APP EAL WITH DISPUTED I.T.A. NO.194/AGRA/2014 ASSESSMENT YEAR:2003-04 PAGE 2 OF 2 ADDITION OF RS.61,533/-. THE ADDITION WAS MADE UNDE R THE HEAD INCOME FROM OTHER SOURCES BY ESTIMATING AGRICULTU RAL EXPENSES @ 25% OF THE TOTAL RECEIPT AFTER REDUCING THE EXPENSE S OF RS.7,109/- SHOWN BY THE ASSESSEE. THE ESTIMATION OF EXPENSES M ADE BY THE AO AND CONFIRMED BY THE CIT(A) IS BASED ON PRESUMPTION AND WITHOUT BRINGING ANY MATERIAL ON RECORD. IN AGRICULTURAL OP ERATIONS, THE AGRICULTURISTS SOMETIMES HAVE FERTILIZERS, SEEDS ET C. IN STOCK AND UTILIZE THE SAME FOR AGRICULTURAL PURPOSES. THERE B EING NO VALID BASIS FOR MAKING THE ADDITION, THE SAME IS DELETED AND TH E GROUND OF APPEAL NO. 1 OF THE ASSESSEE IS ALLOWED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JULY, 2015. SD/- SD/- INTURI RAMA RAO G.C. GUPTA (ACCOUNTANT MEMBER) (VICE- PRESIDEN T) DATED: AGRA: 24 TH JULY, 2015 *AKS/- COPIES TO: (1) THE APPELLANT (2) THE RESPONDE NT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA