Satish Bhagwantrao Talekar, Aurangabad V. Income-tax Officer,

ITA 2105/PUN/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 8527 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 29-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAZHAR AKRAM
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO.2105/PN/2013 (ASSESSMENT YEAR : 2007-08) SHRI SATISH BHAGWANTRAO TALEKAR, VEDANT NAGAR, HOTEL VEDANT, AURANGABAD 431 005. PAN : AEMPT2133D . APPELLANT VS. INCOME TAX OFFICER, WARD 2(1), AURANGABAD. . RESPONDENT ASSESSEE BY : MR. NIKHIL PATHAK DEPARTMENT BY : MR. MAZHAR AKRAM DATE OF HEARING : 20-10-2014 DATE OF PRONOUNCEMENT : 28-10-2014 ORDER PER G. S. PANNU, AM THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED AG AINST AN ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), AURANGABA D DATED 25.10.2013 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 16.1 2.2009 PASSED BY THE ASSESSING OFFICER U/S 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) PERTAINING TO THE ASSESSMENT YEAR 2007-08. 2. IN THIS APPEAL, THE SOLITARY DISPUTE RAISED BY T HE ASSESSEE IS WITH REGARD TO THE TAXABILITY OF THE INCOME EARNED ON SALE OF M ILK. 3. IN BRIEF, THE RELEVANT FACTS ARE THAT THE APPELL ANT IS AN ADVOCATE BY PROFESSION AND ALSO EARNED AGRICULTURAL INCOME. IN THE RETURN OF INCOME FILED, THE INCOME DECLARED BY THE ASSESSEE, INTER-ALIA, IN CLUDED AN AGRICULTURAL INCOME OF RS.18,92,140/-. THE AGRICULTURAL INCOME INCLUDED A SUM OF RS.5,20,000/- EARNED ON ACCOUNT OF SALE OF MILK. T HE ASSESSING OFFICER AS WELL AS THE CIT(A) HELD THAT THE INCOME EARNED FROM SALE OF MILK IS NOT TO BE ITA NO.2105/PN/2013 CONSIDERED AS AGRICULTURAL INCOME AS THE SAME IS NO T COVERED BY THE DEFINITION OF AGRICULTURAL INCOME PROVIDED IN SECTION 2(1A) OF THE ACT. 4. ON THIS ASPECT, THE JUDGEMENT OF THE HONBLE SUP REME COURT IN THE CASE OF CIT VS. R. VENKATASWAMI NAIDU, 29 ITR 529 ( SC) SQUARELY COVERS THE ISSUE AGAINST THE ASSESSEE. AS PER THE HONBLE SUP REME COURT, THE INCOME FROM THE SALE OF MILK RECEIVED BY THE ASSESSEE IS N OT AN AGRICULTURAL INCOME WITHIN THE MEANING OF SECTION 2(1A) OF THE ACT. AS A CONSEQUENCE OF THE AFORESAID JUDGEMENT OF THE HONBLE SUPREME COURT, W E HEREBY AFFIRM THE ORDER OF THE CIT(A) AND ACCORDINGLY ASSESSEE FAILS ON THI S ASPECT. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH OCTOBER, 2014. SD/- SD /- (SUSHMA CHOWLA) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 28 TH OCTOBER, 2014. SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A), AURANGABAD; 4) THE CIT, AURANGABAD; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// ASSISTANT REGISTRAR I.T.A.T., PUNE