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“agricultural income”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(1A) / Rule 7, 7A, 7B(1), 7B(1A), 82,868 judgments

The decision most relied on for agricultural income is CIT v. Ghanshyam (HUF) (315 ITR 1), cited in 363 judgments on BharatTax.

Leading authorities on agricultural income

CIT v. Ghanshyam (HUF)
315 ITR 1 · 2009 · Supreme Court
363
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.

CIT v. Punjab State Cooperative Agricultural Development Bank Ltd.
389 ITR 68 · 2016 · High Court
192
citing judgments

Income earned by a cooperative society from investing its surplus funds in short-term deposits and securities is not attributable to its core activities and therefore not eligible for deduction under Section 80P(2)(a)(i) of the Income-tax Act.

Mavilayi Service Co-operative Bank Ltd. v. CIT
414 ITR 67 · 2019 · High Court
190
citing judgments

The Full Bench of the Kerala High Court held that a co-operative bank or society is not entitled to a deduction under Section 80P(2)(a)(i) of the Income-tax Act if it provides loans to non-members. This decision was subsequently overruled by the Supreme Court.

Smt. Harshila Chordia v. ITO
298 ITR 349 · 2008 · High Court
187
citing judgments

Cash receipts from customers against genuine delivery of goods or services cannot be added as unexplained cash credits under Section 68. The case also provides guidance on non-disallowance under Section 40A(3) for business payments made in specific contexts like agricultural markets.

Kerala State Co-operative Agricultural and Rural Development Bank Ltd. v. Assessing Officer
154 Taxmann.com 305 · 2023 · Supreme Court
136
citing judgments

Section 80P(4) is not applicable to a cooperative bank unless it is classified as a 'bank' under the provisions of the Banking Regulation Act, 1949. For cooperative banks not meeting this definition, the deduction for interest earned from investments in cooperative societies is available under Section 80P(2)(d) of the Income-tax Act.

CIT v. Raja Benoy Kumar Sahas Roy
32 ITR 466 · 1957 · Supreme Court
132
citing judgments

Income is considered agricultural income, exempt under Section 10(1), only if the land undergoes a measure of cultivation involving basic primary operations prior to germination and subsequent post-germination activities requiring human skill and labour.

Sabarkhanta Zilla Kharid Vechan Sangh Ltd. v. ClT
203 ITR 1027 · 1993 · Supreme Court
98
citing judgments

Co-operative societies or banks engaged in both agricultural and non-agricultural activities are entitled to deduction under Section 80P of the Income Tax Act, 1961, limited only to the profits derived from agricultural activities, not 100% of their gross profits.

CIT v. Usha Stud Agricultural Farms Ltd.
301 ITR 384 · 2008 · High Court
98
citing judgments

An addition cannot be made under Section 68 for cash credits if it is established that the credits do not pertain to the impugned assessment year but relate to earlier assessment years.

Judgments citing agricultural income

Logamaheshwara, Namakkal vs. ITO, Ward-1, Tiruchengode

In the result, appeal filed by the assessee is partly allowed

ITA 1312/CHNY/2023[2017-18]Status: DisposedITAT Chennai06 Mar 2024AY 2017-18

Bench: Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 1312/Chny/2023 िनधा"रण वष" / Assessment Year: 2017-18 Logamaheshwara Income Tax Officer, 5/217, Attavanai V. Ward -1, Erayamangalayam, Tiruchengode. Erayamangalayam, Namakkal – 637 210. [Pan: Ajqpl-7714-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate (Erode) ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 28.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 06.03.2024

For Appellant: Shri. S. Sridhar, Advocate (Erode)For Respondent: Shri. D. Hema Bhupal, JCIT
Section 69A

filed his return of income for the assessment year 2017-18 on 06.03.2018, admitting a total income of Rs. 3,75,350/- and agricultural income of Rs. 50,000/-. The case was selected for scrutiny under CASS to verify large cash deposits during demonetization period. During the course of assessment ... Return filed for last two financial years. Further, he has received loan from LIC at Rs. 3,04,115/- and balance is out of agricultural income and income from salary for the current year. The Assessing Officer, however was not convinced with the explanation furnished by the assessee and according

Dipti Srivastwa, Kolkata vs. ITO, Ward-34(3), Kolkata

In the result, appeal of the assessee is allowed for statistical purposes

ITA 1422/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Mar 2024AY 2016-17

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 1422/Kol/2023 Assessment Year: 2016-17 Dipti Srivastwa Income Tax Officer, Ward – Vs 34(3), Kolkata Room No. 422, Centre Point 21, Hemanta Basu Sarani 4Th Floor Kolkata - 700017 [Pan : Biqps1509F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Miraj D. Shah, A/R Revenue By : Shri Raja Sengupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre - Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/10/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Ld. Cit(A) Has Erred In Confirming The Addition Of Rs.89,10,000/-. 2. That The Appellant Had Already Stated That The Said Figure Was Erroneously Shown & Even The Facts As Admitted By The Ld. Cit(Appeal) Confirm That There Was No Such Income. 3. That The Additions Made Are Against Law & Facts. 4. That The Appellant Prays For Deleting The Additions Made.

For Appellant: Shri Miraj D. Shah, A/RFor Respondent: Shri Raja Sengupta, Addl. CIT, Sr. D/R
Section 143(2)Section 250

return. Income assessed at Rs.89,31,374/-. Thereafter matter travelled before the ld. CIT(A) before whom assessee submitted that the assessee had earned agricultural income only to the tune of Rs. 8,91,000/- but inadvertently figure of Rs.89,10,000/- was mentioned. Copy of computation of income ... made the addition of Rs.89,10,000/-. The second ground is that the assessee is having land holding and she has genuinely earned agricultural income of Rs.8,91,000/-. The assessee also filed an affidavit in support of the above claim. 7. We notice that in the current scenario, computation

Prahlad Dutt Lata, Kolkata vs. ITO, Ward-35(1), Kolkata

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 265/KOL/2019[2014-15]Status: DisposedITAT Kolkata05 Mar 2024AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 265/Kol/2019 Assessment Year: 2014-15 Prahlad Dutt Lata Income Tax Officer, Ward – Vs 35(1), Kolkata Urvashi Apartment 3, Hunger Ford Street Kolkata - 700017 [Pan : Aaxpl1559J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Raja Sengupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 2, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 13/08/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. The Registry Has Pointed Out That There Is A Delay Of 86 Days In Filing Of This Appeal. There Is A Petition For Condonation Of Delay Along With An Affidavit & The Reason For The Said Delay Is Mainly On Account Of Old Age Of The Assessee & The Delay On The Part Of The Person Who Received The Envelope Sent From The Office Of The Ld. Cit(A) Which Was Required To Be Handed Over To The Assessee. On Perusal Of The Affidavit, We Are Convinced That The Assessee Was Prevented For Reasonable Cause

For Appellant: NoneFor Respondent: Shri Raja Sengupta, Addl. CIT, Sr. D/R
Section 10(1)Section 143(2)Section 144Section 154Section 234BSection 250

Rs.3,01,034 claimed by the assessee appellant. 4. That the A.O. was not justified in disallowing the claim of exemption in respect of agricultural income amounting to Rs.12,20,775 claimed by the assessee despite the relevant evidences produced in course of assessment proceedings though the same is exempt ... against the income declared at Rs.4,26,620/-, income assessed at Rs.52,48,429/-, after making following three additions:- (i) Denial of exemption for agricultural income at Rs.12,20,775/-; (ii) Disallowance of interest expenditure u/s 57 of the Act at Rs.3,01,034/-; 4 I.T.A. No. 265/Kol/2019; Assessment Year