UMMED SINGH BISHT,UDHAM SINGH NAGAR vs. ITO, WARD-1(5), RUDRAPUR

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ITA 5394/DEL/2018Status: DisposedITAT Dehradun29 April 2022AY 2010-112 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that considering the agricultural land owned, details of agricultural produce sales, cash-in-hand of the deceased father, and supporting affidavits, the addition made by the Assessing Officer was liable to be deleted.

What were the facts?

The assessee made a cash deposit of Rs. 10,18,000/-. The Assessing Officer added Rs. 9,38,000/- to income from other sources, treating a portion as agricultural income. The assessee provided affidavits supporting sales of crops and cattle, and explained the deposits as cash-in-hand of his deceased father from agricultural sales.

What were the issues?

Whether the cash deposits made by the assessee could be treated as unexplained income from other sources, or if they represented legitimate income from agricultural activities and cash-in-hand of the deceased father.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN

Before: Dr. B. R. R. KumarSh. Yogesh Kumar US

Hearing: 27.04.2022Pronounced: 29.04.2022

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the assessee against the order of ld. CIT(A), Haldwani dated 27.06.2018.

2.

The assessee made cash deposit of Rs.10,18,000/- during the period from 08.07.2009 to 13.12.2009. After due enquiry, the Assessing Officer made addition of Rs.9,38,000/- under the head “income from other sources” after treating an amount of Rs.45,000/- as agricultural income. The facts on record reveal that the assessee has submitted affidavits in support of sale of crop and cattle. The details of affidavits furnished by the assessee are as under: Name of buyer Crop/cattle Amount iii. Digamber Singh 2000 kg paddy Rs. 95,000/- 2000 kg paddy 1000 kg paddy iv. Kesar Singh One buffalo Rs.97,500/- 1500 kg wheat 1500 kg paddy

Umed Singh Bisht iii. Narender Singh 1500 kg paddy Rs.85,000/- 1000 kg wheat 1600 kg mustard iv. Amar Singh Two buffaloes Rs.93,000/- v. Ravin Tiwari Two cows Rs.82,000/- Total Rs.4,52,500/- 3. During the assessment proceedings, the statement of one, Sh. Ganesh Lal who claimed to have purchased sugarcane seed of worth Rs.45,000/- from the assessee’s father during the year under consideration. The assessee has also explained that the amounts have been deposited immediately after the death of his father who owns about 9 acres of agricultural land and the amount belongs to cash-in- hand of his deceased father out of the sale of agricultural produce. The assessee has also had income from tuitions which has been duly deposited.

4.

Hence, keeping in view, the entire facts and circumstances, area of the agricultural land owned, the details of sale of agricultural produce, cash-in-hand of the deceased father, statement recorded during the assessment proceedings, the affidavits of the purchaser, we hold that the addition made is liable to be deleted.

5.

In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 29/04/2022.

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