Facts
The Assessing Officer made an addition of Rs. 10,48,000/- as unexplained cash deposits. The assessee declared agricultural income of Rs. 8,65,740/- and submitted sale bills and sales ledger supported by confirmations from purchasers and bank statements.
Held
The Tribunal found that based on the evidence provided, including sale confirmations, bank statements, and the extent of land owned, it could reasonably be presumed that the assessee earned the declared agricultural income. Therefore, no addition was warranted.
Key Issues
Whether the agricultural income declared by the assessee is substantiated by evidence, and if the addition made by the AO on account of cash deposits is justified.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
O R D E R
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:
1. - The captioned appeal has been filed by the Assessee against the order dated 28.02.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Year 2011-12.
The Assessing Officer made an addition of Rs.10,48,000/- as unexplained cash deposits in the bank account of the assessee. The assessee filed the return of income declaring total income of Rs.30,130/- along with agricultural income of Rs.8,65,740/-. It was submitted before the Ld. CIT(A) that the assessee had furnished details of sale of agricultural produce, which are as under:
The appellant, Shri Bhikubhai P. Patel, furnished copies of sale bills and sales ledger in support of the agricultural income stated to have been earned during the financial year 2010-11. From the same, it appears that the assessee received the following amounts towards sale of agricultural produce from the parties mentioned below:
Asst. Year : 2011-12 - 2– S.No Name of Party Total amount received in FY 2010-11 1. Mangubhai & CO 1,22,910 2. Vinay brothers 10,60,404 3. Pahilaj Motumal Bulani 59,862 4. Narubhai Ibrahimbhai Shaikh 32,935 5. Ketiwadi Baazar Samiti, Chikhl 4,34,662/- 6. Laxmandas Bachomal 21,900
We have carefully gone through the confirmations filed by the parties who purchased the agricultural produce as well as the corresponding bank statements. We have also examined the extent of land owned by the assessee and find that the assessee owns approximately 8 acres of land with orchards. Considering the evidences relating to the sale of agricultural produce, confirmations filed by the purchaser parties, and the extent of land holding, it can reasonably be presumed that the assessee earned agricultural income of Rs.8,65,740/-. In view of the above facts and evidences on record, no addition is warranted on this account.
In the result, the appeal of the assessee is allowed.
The order is pronounced in the open Court on 22 .01.2026.
Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 22.01.2026 **mv Asst. Year : 2011-12 - 3– आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent. 2. संबंिधत आयकर आयु� / Concerned CIT 3. 4. आयकर आयु� ( ) अपील / The CIT(A)- िवभागीय �ितिनिध , , 5. अिधकरण अपीलीय आयकर /DR,ITAT, Surat, 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat
Date of dictation …words processed by Hon’ble VP on his PC on 17.10.2025……………. Date on which the typed draft is placed before the Dictating Member …03.11.2025…………. 2. 3. Other Member ……06.11.2025……….