Sushmi's Estates, Hyderabad V. Income Tax Officer, Ward-4(5), Hyderabad

ITA 29/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0871 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 03-02-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 04-01-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: M V ANIL KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 29/HYD/2019 ASSESSMENT YEAR: 2013-14 SUSHMIS ESTATES, HYDERABAD [PAN: ABJFS5646J] VS INCOME TAX OFFICER, WARD-4(5), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI M.V.ANIL KUMAR, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 03-02-2021 DATE OF PRONOUNCEMENT : 24-02-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2013-14 ARISES FROM TH E CIT(A)-1, HYDERABADS ORDER DATED 27-09-2018 PASSED IN APPEAL NO.0287 / CIT(A)-1, HYD / 2016-17 / 2018-19, IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [I N SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE CANVASS ED IN THE INSTANT APPEAL CHALLENGE CORRECTNESS OF BOTH THE LOWE R AUTHORITIES ACTION DISALLOWING OF ITS AGRICULTURAL IN COME CLAIM OF RS.19,91,780/- PERTAINING TO 20 ACRES OF LAND STATED TO BE LOCATED IN GULBARGA, KARNATAKA. ITA NO. 29/HYD/2019 :- 2 -: 3. LEARNED COUNSELS ONLY CASE IS THAT THE ASSESSEE HAD VERY WELL PLACED ON RECORD THE SALE OF AGRICULTURAL PRODUCTION DOCUMENT ALONG WITH REVENUE RECORDS THAT THE IMPUGNED SU M REPRESENTS AGRICULTURAL INCOME ONLY ENTITLED FOR SECTI ON 10(1) EXEMPTION. 4. THE REVENUE, ON THE OTHER HAND, HAS PLACED VERY STR ONG RELEVANCE ON THE LOWER AUTHORITIES ORDERS. 5. WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO THE RIV AL PLEADINGS. THE FACT REMAINS THAT NEITHER THE ASSESSEE HAS BEEN ABLE TO PRIMA-FACIE SUBSTANTIATE EACH AND EVERY SALE INSTANCE OF THE ALLEGED CROP PRODUCED NOR THERE IS ANY SPECIFIC F AULT FOUND THEREIN AS PER THE LOWER AUTHORITIES ORDERS. WE THEREF ORE DEEM IT APPROPRIATE IN THE LARGER INTEREST OF JUSTICE THAT A LU MPSUM AGRICULTURAL INCOME CREDIT OF RS.10 LAKHS OUT OF THE DISALLOWANCE/ADDITION AMOUNT OF RS.19.91 LAKHS WOULD BE JUST AND PROPER. WE HAVE CONFIRMED THE ADDITION TO THE TUNE OF RS.9,91,780/- IN OTHER WORDS. NECESSARY COMPUTATION SH ALL FOLLOW AS PER LAW. IT IS FURTHER CLARIFIED THAT OUR I NSTANT ESTIMATION SHALL NOT BE TAKEN AS A PRECEDENT IN ANY OTHE R CASE OR ASSESSMENT YEAR. 6. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 24-02-2021 TNMM ITA NO. 29/HYD/2019 :- 3 -: COPY TO : 1.M/S.SUSHMIS ESTATES, C/O.M.ANANDAM & CO., CHARTE RED ACCOUNTANTS, FLAT NO.7A, SURYA TOWERS, S.P.ROAD, SECUNDERABAD. 2.THE INCOME TAX OFFICER, WARD-4(5), HYDERABAD. 3.CIT(APPEALS)-1, HYDERABAD. 4.PR.CIT-1, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.