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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

A.Ramesh, Chennai vs. DCIT Corporate Circle 15, Chennai

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

ITA 1838/CHNY/2018[2010-11]Status: DisposedITAT Chennai04 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 1838/Chny/2018 िनधा"रण वष"/Assessment Year:2010-11 Shri A. Ramesh, The Deputy Commissioner Of 21, North Crescent Road, Vs. Income Tax, T. Nagar, Chennai -17. Corporate Circle 15, Chennai. [Pan:Aeppr4222Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri C. Ramesh Kumar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.10.2022 घोषणा की तारीख /Date Of Pronouncement : 04.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai, Dated 30.01.2018 Relevant To The Assessment Year 2010-11. The Only Effective Ground Raised In This Appeal Of The Assessee Relates To Whether The Agricultural Land Sold By The Assessee Is Liable For Capital Gain Tax Or Exempt From Taxation.

For Appellant: Shri C. Ramesh Kumar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 2(14)

fall within the scope of capital asset as per section 2(14) of the Income Tax Act, 1961 [“Act” in short] and the agricultural income earned by the assessee was used for captive consumption. After examining the above explanations, the Assessing Officer has observed that the assessee has not admitted ... agricultural income for the assessment years 2008-09 and 2009-10 and therefore, the assessee has not utilized the said lands for carrying out agricultural activities. The Assessing Officer has further observed that so far as agricultural produce used for own consumption, the assessee has not produced any evidence such

DCIT, Chennai vs. K.Dhandapani and Co. Ltd., Chengalput

In the result, the appeal filed by the Revenue is dismissed and the cross objection filed by the assessee is partly allowed for statistical purposes

ITA 1428/CHNY/2017[2012-13]Status: DisposedITAT Chennai28 Oct 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1428/Chny/2017 "नधा"रण वष" /Assessment Year: 2012-13 The Dcit, K. Dhandapani & Co. Ltd., Corporate Circle-4(2), No.C-20, Tvk Industrial Estate, Chennai – 600 034. Vs. Guindy, Chennai – 600 032. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O No.109/Chny/2017 [In Ita No.1428/Chny/2017] "नधा"रण वष" /Assessment Year: 2012-13 K. Dhandapani & Co. Ltd., The Dcit, No.C-20, Tvk Industrial Estate, Corporate Circle-4(2), Guindy, Chennai – 600 032. Vs. Chennai – 600 034. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) राज"व क" ओर से /Revenue By : Shri M. Rajan, Cit "नधा"रती क" ओर से/Assessee By : Shri S. Sridhar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 05.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 28.10.2022

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 2(14)Section 2(47)Section 45

assessee, sale of agricultural produce etc. 2.5 It is verified from the returns filed by the assessee that the assessee company has not offered agricultural income for the AYs 2009-10, 2010- 11, 2011-12 and in this assessment year and the CIT(A) failed to note this important fact ... claim despite specifically calling for vide this office letter u/s. 142(1) dated 09.01.2015 and also during the course of assessment proceeding. Moreover, no agricultural income was admitted in the return of income to claim that "electrical goods manufacturing company" has been carrying on the agricultural operation nor produced

Parthiban, Chennai vs. ITO Non Corporate Ward-7(2), Chennai

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

ITA 562/CHNY/2020[2014-15]Status: DisposedITAT Chennai21 Oct 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 562/Chny/2020 िनधा"रण वष"/Assessment Year:2014-15 Shri Parthiban, Vs. The Income Tax Officer, Plot No. 83-A, Door No. 9, Thiruvallur Non Corporate Ward 7(2), Street, Jagadhambigai Nagar, Chennai 600 034. Chennai 600 050. [Pan:Biipp0005R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Sitaraman, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 23.08.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 7, Chennai, Dated 17.01.2020 Relevant To The Assessment Year 2014-15. 2. Facts Are, In Brief, That The Assessee Has Filed His Return Of Income For The Assessment Year 2014-15 On 14.07.2014 Returning Nil Income & Agricultural Income Of ₹.43,00,530/-. The Case Was Selected Through Cass & The Assessment Was Completed Under 2

For Appellant: Shri G. Sitaraman, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 148Section 2(1)(A)

brief, that the assessee has filed his return of income for the assessment year 2014-15 on 14.07.2014 returning NIL income and agricultural income of ₹.43,00,530/-. The case was selected through CASS and the assessment was completed under 2 I.T.A. No.562/Chny/20 section 143(3) of the Income ... reopened the assessment by issuing notice under section 148 of the Act dated 12.02.2019 for the following reasons: “During the period, you have an agricultural income of ₹.43,00,530/- which includes sale proceeds of Wood sales (Silver Oakes) – ₹.24,15,000/- and Fire wood – ₹.16,90,312/-. You have

P Prabhu, Coimbatore vs. ACIT, Corp Cir-2, Coimbatore

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

ITA 3388/CHNY/2018[2010-11]Status: DisposedITAT Chennai19 Oct 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 3388/Chny/2018 िनधा"रण वष"/Assessment Year:2010-11 Shri P. Prabhu, The Assistant Commissioner Of 29/C-2, Venkat Rathna Manor, Vs. Income Tax, Race Course, Coimbatore 641 018. Corporate Circle 2, Coimbatore. [Pan:Aivpp2632E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 19.10.2022 आदेश /O R D E R Per V. Durga Rao:

For Appellant: NoneFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)Section 148Section 68

During the course of assessment proceedings, the Assessing Officer asked the assessee about cash deposit of ₹.4,40,000/-. The assessee has explained that agricultural income of previous year of ₹.13,49,730/- was retained in cash and a part of it of ₹.4,40,000/- was deposited in bank ... Assessing Officer was of the opinion that how the previous year agricultural income still available with the assessee and by not accepting the explanation of the assessee, the addition under section 68 of the Act for ₹.4,40,000/- was made. On appeal, the ld. CIT(A) confirmed the addition