Smt. Asha Manjari Mishra, Bhubaneswar V. DCIT, Circle-4(1), Bhubaneswar

ITA 250/CTK/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4374 (ITAT-CUTTACK)
• Duration Of Justice: 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 23-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

2 ITA NO.250/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 OF ASSESSMENT PROCEEDINGS, ON VERIFICATION OF STATEMENT OF TOTAL INCOME, THE ASSESSING OFFICER OBSERVED THAT THE ASSESSEE HAS SHOWN NET AGRICULTURAL INCOME OF RS.26,40,597/ - . BEFORE THE ASSESSING OFFICER, IT WAS SUBMITTED THAT THE AGRICULTURAL INCOME OF RS.26,40,597/ - IS FROM SALE AND SUPPLY OF SEEDS OF SUGAR CANE. TO SUPPORT ITS CLAIM, THE ASSESSEE SUBMITTED AGREEMENT WITH NAYAGARH SUGAR COMPLEX LTD., FOR SUPPLY OF SUGAR CANE TO THE REGISTERED FARMERS OF THE COMPANY. THE ASSESSIN G OFFICER REQUIRED THE ASSESSEE TO FURNISH THE EVIDENCE OF LAND HOLDING, LAND USED FOR AGRICULTURAL PURPOSES, EXPENDITURE INVOLVED AND SUBSEQUENT OPERATION AND SALE OF AGRICULTURAL PRODUCTS. SINCE, THE ASSESSEE COULD NOT PRODUCE THE REQUIRED DOCUMENTS DES PITE SEVERAL OPPORTUNITY, EXCEPT AGREEMENT WITH NAYAGARH SUGAR COMPLEX LTD., T HE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S.143(3) OF THE ACT DETERMINING THE TOTAL INCOME AT R S.55,85,900/ - , INTER ALIA, TREATING RS.26,40,597/ - AS INCOME FROM OTHER SOURC ES. 4. ON APPEAL, THE CIT(A) UPHELD THE ACTION OF THE ASSESSING OFFICER. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. THE CONTENTION OF LD A.R. THAT THE CIT(A) HAS ERRED IN CONFIRMING T HE ADDITION MADE BY THE ASSESSING OFFICER IN RESPECT OF AGRICULTURAL INCOME AND FURTHER PLEADED THAT THE ASSESSEE HAS FILED DOCUMENTARY EVIDENCE TO SUPPORT HER CASE REGARDING THE RECEIPT OF AGRICULTURAL INCOME BEFORE THE CIT(A) AND THE CIT(A) HAVING ACCEPT ED THE AGRICULTURAL INCOME AND MADE OBSERVATION IN 4 ITA NO.250/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : 2. THE RESPONDENT. 3. THE CIT(A) - 4. PR.CIT - 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//