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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

Bose Saravanan, Pudukkottai vs. CIT(Appeals), NFAC, Delhi, Pudukkottai

The appeal stand allowed for statistical purposes

ITA 598/CHNY/2022[2017-2018]Status: DisposedITAT Chennai12 Oct 2022AY 2017-2018

Bench: Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Y. Sridhar (C.A) – Ld. ARFor Respondent: Shri D. Hema Bhupal (JCIT)-Ld. DR
Section 143(3)Section 69

that no documentary evidence was produced before the Assessing Officer during the assessment proceedings. The appellant submitted that the source of the gift is agricultural income of his father. Appellant has submitted a letter dated nil from his father in this regard. However, the statement given in the letter that ... father has sourced the said amount given to the appellant from his agricultural income is not substantiated with documentary evidence, Ownership of agricultural land by appellant's lather and documents to show that agricultural activities have been carried out which resulted in harvesting of agricultural produce and the same

Chakrawarti Bafna, Chennai vs. ITO Non Corporate Ward I(5), Chennai

In the result, both the appeals of the Assessee in

ITA 1946/CHNY/2018[2009-10]Status: DisposedITAT Chennai12 Oct 2022AY 2009-10

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A Nos.:1945 & 1946/Chny/2018 िनधा"रण वष"/ Assessment Years: 2008-2009 & 2009-2010

For Appellant: Mr. I. Dinesh, AdvocateFor Respondent: Mr. P. Sajit Kumar, JCIT
Section 143(3)Section 148Section 2(14)(iii)Section 50C

Deed submitted by the Appellant in the paper book, it is ascertained that the impugned lands are agricultural lands. The Appellant had also offered agricultural income received from the same for taxation for the Assessment Years 2002 – 2003 to 2006-2007 as per the statement of the total income filed

Chakrawarti Bafna, Chennai vs. ITO Non Corporate Ward I(5), Chennai

In the result, both the appeals of the Assessee in

ITA 1945/CHNY/2018[2008-09]Status: DisposedITAT Chennai12 Oct 2022AY 2008-09

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A Nos.:1945 & 1946/Chny/2018 िनधा"रण वष"/ Assessment Years: 2008-2009 & 2009-2010

For Appellant: Mr. I. Dinesh, AdvocateFor Respondent: Mr. P. Sajit Kumar, JCIT
Section 143(3)Section 148Section 2(14)(iii)Section 50C

Deed submitted by the Appellant in the paper book, it is ascertained that the impugned lands are agricultural lands. The Appellant had also offered agricultural income received from the same for taxation for the Assessment Years 2002 – 2003 to 2006-2007 as per the statement of the total income filed

Noshir Darabshaw Talati, Mumbai vs. DCIT Central Cir 7(1), Mumbai

In the result, appeal by the assessee is dismissed

ITA 1516/MUM/2021[2017-18]Status: DisposedITAT Mumbai03 Oct 2022AY 2017-18

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri B.V. Jhaveri, AdvocateFor Respondent: Shri Hoshang B. Irani, Sr. A.R
Section 143(3)Section 2(14)Section 250Section 45

asset’ only if the land is generating agricultural Noshir Darabshaw Talati ITA No.1516/Mum./2021 income. However, in the 1961 Act, the condition of generating agricultural income is not relevant for the purpose of determining whether the land is an agricultural land. The learned AR also placed reliance upon the decisions ... held as under:- 'The expression "agricultural land" is not defined in the Income Tax Act, 1961. The underlying object of the Act to exempt agricultural income from income tax is to encourage actual cultivation or de facto agricultural operations. Actual use of the land for agricultural purpose or absence thereof

Mrs. Jyoti R. Raut, New Panvel vs. Dy CIT, CC-1(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 370/MUM/2021[2015-16]Status: DisposedITAT Mumbai30 Sept 2022AY 2015-16
Section 115BSection 143(3)Section 68

land holdings of grand mother and her family members. It was submitted by the assessee that her grandmother is an agriculturist and derived only agriculture income and had given her jewellery weighing 417 gms as gift to the assessee. The assessee also furnished a copy of gift deed ... donor i.e. grandmother that the said gift has been given out of her Streedhan. She has also stated that she is deriving only agricultural income from the agricultural lands owned by her and the said income being exempt, she has not filed her income tax returns. We find that

ACIT, Ncc - 11 (1), Chennai vs. Shri Anil Kumar Shantichand Mehta, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 302/CHNY/2020[2016-17]Status: DisposedITAT Chennai28 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri D. Anand, Advdocate
Section 10(37)Section 2(14)(iii)Section 34Section 45Section 57

take note the fact that though the land was stated to be agricultural land in the sale deed, the assessee did not admit any agricultural income from this land right from the year of purchase till the date of acquisition and when the assessee claimed exemption u/s.10(37) but failed ... Assessing Officer has observed that the assessee purchased 7.87 acres of land in the financial year 2001-02. The assessee did not admit any agricultural income in his return filed for the assessment years 2002-03 to 2010-11 and hence the land acquired by the Government cannot be said

DCIT, Coimbatore vs. O.Arumugasamy, Coimbatore

ITA 777/CHNY/2017[2012-13]Status: DisposedITAT Chennai28 Sept 2022AY 2012-13

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

O.Arumugasamy, Chennai vs. DCIT, Coimbatore

ITA 763/CHNY/2017[2012-13]Status: DisposedITAT Chennai28 Sept 2022AY 2012-13

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Shri A. Senthilkumar, Coimbatore

ITA 2707/CHNY/2016[2011-12]Status: DisposedITAT Chennai28 Sept 2022AY 2011-12

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

A. Senthil Kumar, Coimbatore vs. DCIT, Coimbatore

ITA 2570/CHNY/2016[2011-12]Status: DisposedITAT Chennai28 Sept 2022AY 2011-12

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. O.Arumugasamy, Coimbatore

ITA 1833/CHNY/2015[2011-12]Status: DisposedITAT Chennai28 Sept 2022AY 2011-12

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. O.Arumugasamy, Coimbatore

ITA 1398/CHNY/2015[2008-09]Status: DisposedITAT Chennai28 Sept 2022AY 2008-09

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. O.Arumugasamy, Coimbatore

ITA 1011/CHNY/2015[2010-11]Status: DisposedITAT Chennai28 Sept 2022AY 2010-11

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. A.Senthil Kumar, Coimbatore

ITA 1010/CHNY/2015[2010-11]Status: DisposedITAT Chennai28 Sept 2022AY 2010-11

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Senthil Enterprises, Coimbatore

ITA 709/CHNY/2014[2010-11]Status: DisposedITAT Chennai28 Sept 2022AY 2010-11

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Shri T.M.Muthukumar, Coimbatore

ITA 150/CHNY/2013[2005-06]Status: DisposedITAT Chennai28 Sept 2022AY 2005-06

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Shri O.Arumugasamy, Coimbatore

ITA 144/CHNY/2013[2009-10]Status: DisposedITAT Chennai28 Sept 2022AY 2009-10

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Shri O.Arumugasamy, Coimbatore

ITA 143/CHNY/2013[2008-09]Status: DisposedITAT Chennai28 Sept 2022AY 2008-09

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Shri M.Palanisamy, Coimbatore

ITA 142/CHNY/2013[2009-10]Status: DisposedITAT Chennai28 Sept 2022AY 2009-10

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted

DCIT, Coimbatore vs. Shri M.Palanisamy, Coimbatore

ITA 141/CHNY/2013[2008-09]Status: DisposedITAT Chennai28 Sept 2022AY 2008-09

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalassessment

Section 132Section 153A

assessee. The assessee is engaged in the business of sand quarrying and lorry operations. The assessee is declaring income from business and agricultural income. For the earlier years, the assessee was quarrying sand on the basis of lease rights granted by Government of TamilNadu in his own name ... fact that the assessee file original return of income u/s.139(1) of the Act on 28.11.2003 admitting business income of Rs.9,63,760/- and agriculture income of Rs.12,45,950/-. The AO while completing assessment u/s.153A r.w.s. 143(3) of the Act made following additions:- Add: Excess loss adjusted