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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

Kil Kotagiri and Thirumbadi Plantations Ltd, Mukkom vs. ACIT, Circle 2(1), Kozhikode

In the result, the appeal filed by the assessee stands dismissed

ITA 333/COCH/2025[2010-11]Status: DisposedITAT Cochin31 Jul 2025AY 2010-11

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2010-11 Kil Kotagiri & Thirumbadi Plantations Ltd. .......... Appellant Thirumbadi Estate, Mukkom, Kozhikode 673602 [Pan: Aabct0021G] Vs. Acit, Circle - 2(1), Kozhikode .......... Respondent Appellant By: Shri Viswanathan R.V., Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 13.06.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 12.032.2025 For Assessment Year (Ay) 2010-11. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act, 1956. It Is Engaged In The Business Of Rubber Plantation. The Return Of Income For Ay 2010-11 Was Filed On 21.09.2010 Declaring Total Income Of Rs. 50,17,678/-. The Against The Said Return Of Income, The Assessment Was Completed By The Acit, Circle-2(1), Kozhikode

For Appellant: Shri Viswanathan R.V., CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

Harrisons Malayalam Ltd. 108 Taxman 525 wherein it was held that sale of old and unyielding rubber trees cannot give rise to agricultural income and the income should not be computed applying the provisions of rule 7A of the I.T. Rules, 1962. The relevant portion of the judgement is extracted

Deputy Commissioner of Income Tax, Central Circle 1, Coimbatore vs. Ram Battery India Private Limited, Erode

In the result, appeal filed by the revenue in ITA No

ITA 1167/CHNY/2025[2020-21]Status: DisposedITAT Chennai31 Jul 2025AY 2020-21

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S. R. Raghunathaआयकर अपील सं./Ita No.1167/Chny/2025 ननिाारण वर्ा/Assessment Year: 2020-21 V. Deputy Commissioner Of Income Ram Battery India Private Tax, Limited, Central Circle-1, No.406, Perundurai Road, Coimbatore Erode, Tamil Nadu- 638 009. [Pan: Aagcr3898A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Co No.37/Chny/2025 ननिाारण वर्ा/Assessment Year: 2020-21 Ram Battery India Private Limited, Deputy Commissioner Of No.406, Perundurai Road, Erode, Income Tax, Tamil Nadu- 638 009. Central Circle-1, [Pan: Aagcr3898A] Coimbatore (अपीलार्थी/Cross Objector/Appellant) (प्रत्यर्थी/Respondent) : अपीलार्थी की ओर से/ Appellant By Ms. R.Anitha, Addl. Cit. : प्रत्यर्थी की ओर से /Respondent By Mr.S.Sridhar, Advocate (Erode) For Cross Objector / Respondent सुनवाईकीतारीख/Date Of Hearing : 29.07.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.07.2025 आदेश / O R D E R Per Manu Kumar Giri, Jm: This Is An Appeal (Ita No.1167/Chny/2025) Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeal)

Section 131Section 133A

failed to produce books of accounts, which may have been maintained during the regular course of business or any other authentic contemporaneous evidence of agricultural income, the Punjab & Haryana High Court held that the statement under Section 133A cannot be held to be irrelevant material. In our considered view

Smt. Krushnaba Pravinsinh Jadeja, Rajkot-Gujarat vs. The Dy. Commr. of Income Tax, Cir.-1(1), Rajkot-Gujarat

ITA 572/RJT/2015[2012-13]Status: DisposedITAT Rajkot30 Jul 2025AY 2012-13

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.572/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Krushnaba Pravinsinh Jadeja Vs. Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Course Ring Road, Rajkot-360 001 C.O. R.K. Shukla & Co., 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360 001 (Assessee) (Respondent) आयकर अपील सं./Ita No.577/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Vs. Krushnaba Pravinsinh Jadeja, C.O. R.K. Shukla & Co., Course Ring Road, Rajkot-360 001 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360001 (Assessee) (Respondent) Assessee By Respondent By Date Of Hearing Date Of Pronouncement : Shri D.M. Rindani, Ld. Ar : Shri Sanjay Punglia, Ld. Cit-Dr : 03/06/2025 : 30/07/2025 Per, Dr. A. L. Saini, Am: आदेश / Order Captioned Cross Appeals Filed By The Assessee & Revenue, Pertaining To Assessment Year (A.Y.) 2012-13, Are Directed Against The Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1 Rajkot, Which In Turn Arise, Out Of A Common Assessment Order, Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961, Vide Order Dated 17.02.2015.

Section 142(1)Section 143(2)Section 143(3)Section 68

assessee, is engaged in the business of finance and also deals in the real estate. The assessee has also shown agricultural income of Rs.40,68,913/-. The assessee's case was selected for scrutiny through CASS and notice u/s. 143(2), dated 06.08.2013 of the I.T. Act, was issued ... recorded by the Assessing Officer, all three confirmed the payments and fact of cancellation of agreement and all three had substantial land holdings and agricultural income, the Assessing Officer has nowhere held them to be men of no means and all three have confirmed having executed written agreements

Ganendra Nath Halder, Little Andaman vs. ACIT Circle 3(2), Port Blair

In the result, the appeal of the assessee is allowed

ITA 1620/KOL/2024[2017-18]Status: DisposedITAT Kolkata30 Jul 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1620/Kol/2024 Assessment Year: 2017-18 Ganendra Nath Halder, Little Andaman………………....Appellant Vivekanandapur Post, Little Andaman Union Territory Of Andaman & Nicobar Islands, Andaman & Nicobar Islands-744207. [Pan: Amnph7301J] Vs. Acit Circle-3(2), Port Blair…………………..………………….…..... Respondent Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 29, 2025 Date Of Pronouncing The Order : July 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 04.06.2024 Passed By The Cit, Appeal Addl/Jcit(A)-1, Pune [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee A Resident Of Little Andaman, Is A Super Senior Citizen Aged 82 Years During The Relevant Assessment Year. He Did Not File A Return Of Income Under Section 139 For A.Y. 2017–18. Based On The Information Available In The Departmental Database & Its Data, It Was Observed That Cash Deposits Of ₹10,00,000 Were Made In The Assessee’S Bank Account—₹5,00,000 Each On 10.11.2016 & 11.11.2016 Respectively. Accordingly Notice Under Section 142(1) Was Issued On 13.03.2018 Through Speed Post, But The Assessee Failed To Respond Or File The Return. Subsequently, The

Section 10(1)Section 115BSection 133(6)Section 139Section 142(1)Section 144Section 250Section 69

coconuts, and betel nuts. He submitted that the cash deposits were out of agricultural proceeds and accumulated past savings. It is also contended that agricultural income is exempt under the Act, and assessee being a super senior citizen, the assessee was unaware of the procedural requirements. 5. At the time ... upheld the addition made by the AO which is bad in law. The Ld AR reiterated that the source of the cash deposits was agricultural income and past savings. It is pointed out that ₹5,00,000 was later transferred to the assessee’s son-in-law, Mr. Amit Kumar

Sudarsanam, Chennai vs. ITO Non Corporate Ward 22(6), Tambaram

In the result the appeal of the assessee is partly allowed

ITA 707/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jul 2025AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकरअपीलसं./Ita No.:707/Chny/2025 धनि्धरणवरध/ Assessment Year: 2017-18 Sudarsanam, The Income-Tax Officer, Non-Corporate Ward 22(6), 68/52. Sithivinayagar Koil St., Vs. Tambaram. Tambaram Sanatorium, Chennai-600 047. [Pan:Btwps-8389-E] (अपील्थ्/Appellant) (प्थ्/Respondent) अपील्थ्कीओरसे/Appellant By : Shri. M. Karunakaran, Advocate प्थ्कीओरसे/Respondent By : Ms. Gouthami Manivasagam, Jcit. सुनव््कीत्रीख/Date Of Hearing : 30.06.2025 घोरण्कीत्रीख/Date Of Pronouncement : 30.07.2025 आदेश/O R D E R Per S. R. Raghunatha, Am :

For Appellant: Shri. M. Karunakaran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 143(3)Section 2(14)

individual, filed his return of income on 07.07.2017 for the A.Y. 2017-18 by declaring a total income of Rs.6,19,440/- and an agriculture income of Rs.2,92,92,930/- towards profit on sale of agricultural land. The case was selected for limited scrutiny assessment under CASS ... reason “agriculture income and capital gains / loss on sale of property”. Accordingly, the Assessing Officer (in short ‘AO’) issued statutory notices to the assessee and the assessee submitted the details from time to time. 4. The assessee along with 3 other family members have sold various agricultural lands situate

Assistant Commissioner of Income Tax, Madurai vs. S. Rajendran, Chitharal

ITA 2904/CHNY/2024[2020-21]Status: DisposedITAT Chennai30 Jul 2025AY 2020-21

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.:2903 & 2904/Chny/2024 निर्धारण वर्ष / Assessment Years: 2015-16 & 2020-21 The Assistant Commissioner Of Income Tax, Central Circle -2, Madurai. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement S.Rajendran, Vs.13-85/42A, Parthittavillai Veedu, Chitharal Pο, Kanyakumari District, Nagercoil – 629 151. [Pan:Afqpr-2835-H] (प्रत्यर्थी/Respondent) Shri. M. Murali, C.I.T. & Shri. Kumar Chandan, J.C.I.T. Shri. T. Vasudevan, Advocate 20.06.2025 30.07.2025 आदेश /Order Per S. R. Raghunatha: These Appeals Filed By The Revenue Are Directed Against The Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Years 2015-16 & 2020-21, Vide Order Dated 19.09.2024 Respectively. Since Facts Are Identical & Issues Are Common, Appeals Filed By The Revenue Were Heard & Are Being Disposed Of By This Consolidated Order.

Section 68

chitta and adangal were produced without appreciating the fact that the assessee did not produce any evidence to prove the fact of earning of agricultural income. 2.1 The Ld.CIT(A) erred in not appreciating the fact that the each assessment is a standalone proceeding and the issues thereon have ... evidenced and supported by the necessary documentary proof for their acceptance & the extrapolation of agricultural incomes of other AYs without any factual finding is not acceptable. 3. The CIT(A) has erred in deleting the addition of Rs.2,07,82,120/- made by AO on account of unexplained credits u/s.68

Assistant Commissioner of Income Tax, Madurai vs. S.Rajendran, Chitharal Po

ITA 2903/CHNY/2024[2015-16]Status: DisposedITAT Chennai30 Jul 2025AY 2015-16

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.:2903 & 2904/Chny/2024 निर्धारण वर्ष / Assessment Years: 2015-16 & 2020-21 The Assistant Commissioner Of Income Tax, Central Circle -2, Madurai. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement : : S.Rajendran, Vs.13-85/42A, Parthittavillai Veedu, Chitharal Pο, Kanyakumari District, Nagercoil – 629 151. [Pan:Afqpr-2835-H] (प्रत्यर्थी/Respondent) Shri. M. Murali, C.I.T. & Shri. Kumar Chandan, J.C.I.T. Shri. T. Vasudevan, Advocate 20.06.2025 30.07.2025 आदेश /Order Per S. R. Raghunatha: These Appeals Filed By The Revenue Are Directed Against The Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Years 2015-16 & 2020-21, Vide Order Dated 19.09.2024 Respectively. Since Facts Are Identical & Issues Are Common, Appeals Filed By The Revenue Were Heard & Are Being Disposed Of By This Consolidated Order. :-2-:

Section 68

chitta and adangal were produced without appreciating the fact that the assessee did not produce any evidence to prove the fact of earning of agricultural income. 2.1 The Ld.CIT(A) erred in not appreciating the fact that the each assessment is a standalone proceeding and the issues thereon have ... evidenced and supported by the necessary documentary proof for their acceptance & the extrapolation of agricultural incomes of other AYs without any factual finding is not acceptable. 3. The CIT(A) has erred in deleting the addition of Rs.2,07,82,120/- made by AO on account of unexplained credits u/s.68