SANJAY JAYANTIBHAI PATEL ,GANDHINAGAR V. THE INCOME TAX OFFICER WARD-1 , GANDHINAGAR

ITA 1439/AHD/2024

AI Insights

This case involves an appeal by Sanjay Jayantibhai Patel against the order of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi, which confirmed the addition of Rs.64,68,426/- under Section 68 of the Income-tax Act, 1961, concerning agricultural income for the Assessment Year 2020-21. The primary issue was the verification of the agricultural income reported by the assessee, which was initially declared as Rs.64,68,426/- but later corrected to Rs.20,00,000/-. The Assessing Officer had made an addition under Section 68, citing discrepancies in the reported income. The tribunal decided to remand the matter back to the Assessing Officer for a detailed examination of the agricultural operations and the actual income generated.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 25483 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 03-12-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 05-08-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ADJOURNMENT APPLICATION FILED
• Assessee Lawyers: M. K. PATEL
• Section: 144; 250

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT MS. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 1439/Ahd/2024 (Assessment Year: 2020-21) Sanjay Jayantibhai Patel, Plot Block No. 257, Palki National Highway No. 8, Lawalpura, Dist. Gandhinagar, Gujarat-382321 [PAN : AIRPP 6262 G] Vs. Income Tax Officer, Ward-1, Gandhinagar (Appellant) .. (Respondent) Appellant by : Shri M.K. Patel, AR Respondent by: Adjournment application filed Date of Hearing 03.12.2024 Date of Pronouncement 03.12.2024 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT : This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi (hereinafter referred to as \"CIT(A)\" for short), dated 14.06.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as \"the Act\" for short], for Assessment Year (AY) 2020-21. 2. The Assessee has taken following grounds of appeal:- “(1) That on facts, and in law, the learned NFAC has grievously erred in confirming the addition of Rs.64,68,426/- made u/s 68 of the Act in respect of agricultural income. ITA No. 1439/Ahd/2024 Sanjay Jayantibhai Patel Vs. ITO Asst. Year : 2020-21 - 2– (2) That on facts, and in law, the learned NFAC ought to have considered and accepted the fact that the agricultural income was shown by mistake and bonafide Rs. 64,68,426/- instead agricultural income of error of of CA at the correct Rs.20,00,000/- as explained in appellate proceedings.” 3. The Revenue filed adjournment. 4. In this case, the issue pertains to examination of agricultural income of Rs.64,68,426/- filed by the assessee in the return of income which the assessee later claimed as Rs.20,00,000/-. The Assessing Officer passed an order u/s 144 r.w.s. 144B of the Act, making addition of 64,68,426/- u/s 68 of the Act. We find that the factum of “generation of agricultural income” needs to be examined which the Revenue Authorities have not gone in for. The ld. Counsel pleaded that he has all the evidences to support to the earning of agricultural income and the bank statements to substantiate the amended agricultural income. Hence, in the interest of justice, we remand the matter to the Assessing Officer to examine the “Agricultural Operations undertaken by the assessee and the Generation of agricultural income”. 5. In the result, the appeal of the Assessee is allowed for statistical purposes. The order is dictated and pronounced in the open Court on 03.12.2024 Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 03/12/2024 btk ITA No. 1439/Ahd/2024 Sanjay Jayantibhai Patel Vs. ITO Asst. Year : 2020-21 - 3– आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy उप/सहायक पंजीकार /(Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation …03.12.2024….. 2. Date on which the typed draft is placed before the Dictating Member …03.12.2024 3. Other Member…03.12.2024……………… 4. Date on which the approved draft comes to the Sr.P.S./P.S …03.12.2024…………. 5. Date on which the fair order is placed before the Dictating Member for pronouncement 03.12.2024. 6. Date on which the fair order comes back to the Sr.P.S./P.S ………………. 7. Date on which the file goes to the Bench Clerk ……….…. 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order 10. Date of Dispatch of the Order…………………………………… "