← All Phrases

“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

Chinnasaminaidu Chandrasekar, Hosur vs. Income Tax Department, Hosur

ITA 3119/CHNY/2024[2015-16]Status: DisposedITAT Chennai23 Jul 2025AY 2015-16

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:3119/Chny/2024 निर्धारण वर्ष / Assessment Year: 2015-16 Chinnasaminaidu Chandrasekar, 3-591, Athimugam, Hosur, Krishnagiri – 635 105. [Pan:Bwrpc-0650-C] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By Income Tax Officer, Vs. Ward -1, Hosur. (प्रत्यर्थी/Respondent) : Shri. L. Mahesh Kumar, Advocate : Ms. Gouthami Manivasagam, J.C.I.T. सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement आयकर अपील सं./Ita No.:3119/Chny/2024 : 26.06.2025 : 23.07.2025 आदेश /Order Per S.R. Raghunatha, Am: This Is An Appeal By The Assessee Against The Order Dated 09.10.2024 Under Section 250 Of Income Tax Act, 1961 (In Short “The Act”) Passed By The Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi, (Ld.Cit(A)) In Relation To

Section 142(1)Section 148Section 156Section 250

unexplained investment although it represents money received in the form of loan from friends and Son in law of the appellant and out of agricultural income earned by the appellant. The ld. assessing officer completely ignored the documents and submissions made by the Appellant on identify and prove the genuineness

Himansu Sekhar Senapati, Kolkata vs. ITO, Ward-22(4), Kolkata

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

ITA 122/KOL/2025[2011-12]Status: DisposedITAT Kolkata22 Jul 2025AY 2011-12

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.122/Kol/2025 (नििाारण वर्ा / Assessment Year : 2011-12) M/S Himansu Sekhar Senapati Vs Ito, Ward 22(4), Kolkata 54/1, Rafi Ahmed Kidwai Road, 4Th 24, Ns Road, 5Th Floor, Kolkata- Floor, Kolkata-700016, West Bengal 700001, West Bengal Pan No. :Alpps 7769 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Pallash Chattopadhyay, Ar राजस्व की ओर से /Revenue By : Shri Somnath Das Biswas, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/05/2025 घोषणा की तारीख/Date Of Pronouncement : 22/07/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi Dated 19.09.2024 Passed For Assessment Year 2011-12. 2. At The Outset, On Perusal Of The Appeal Record, I Find That The Appeal Of The Assessee Is Filed Belatedly By 46 Days. In This Regard, The Assessee Has Filed An Affidavit For Condonation Of Delay Stating Reasons For Delay In Filing The Appeal Due To Lack Of Knowledge In Passing Of The Order By The Ld. Cit(A), Which Caused The Delay In Filing The Appeal Before The Tribunal Within The Stipulated Period. Ld. Sr. Dr Also Did Not Raise Any Objection To Condone The Delay. Considering The Facts & Circumstances Of The Case & The Contentions Made By The Assessee In The Affidavit, I Condone The Delay Of 46 Days In Filing The Present Appeal & The Appeal Of The Assessee Is Admitted For Hearing.

For Appellant: Shri Pallash Chattopadhyay, ARFor Respondent: Shri Somnath Das Biswas, Sr.DR
Section 250

submission of the Appellant as regards Un reconciled Cash deposits was from the cash withdrawn from Credit Cards, Cash received against Profession Fees and Agricultural Income. The Appellant prays that addition made by the Ld. Assessing Officer may kindly be deleted. 3. The Ld CIT(A)-NFAC erred in coming

Rajeswar Thakur, Bhawanipatna vs. Asst. Commissioner of Income Tax, Circle -1(1), Sambalpur

ITA 144/CTK/2025[2014-15]Status: DisposedITAT Cuttack21 Jul 2025AY 2014-15

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.143 & 144/Ctk/2025 (निर्धारण वर्ष / Assessment Years : 2012-2013 & 2014-2015) Rajeswar Thakur Pardeshpada, Near Balaji Temple Bhawanipatna, Kalahandi-766001 Vs Acit, Circle-1(1), Sambalpur Pan No. :Aaspt 7155 M (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Assessee By : Shri S.K.Agrawalla, Ca राजस्व की ओर से /Revenue By : Shri Nishant Rao B, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 21/07/2025 घोषणा की तारीख/Date Of Pronouncement : 21/07/2025 आदेश / Order Per Bench : These Two Appeals Filed By The Assessee Against The Order Of The Id. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 27.12.2024 For Assessment Years 2012-2013 & 2014-2015.

For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri Nishant Rao B, Sr. DR
Section 139Section 142Section 143Section 143(3)Section 148Section 234BSection 234CSection 288A

with demand notice to the assessee. Not for assessee (Aron Kachhap) Dy. Commissioner of Income Tax Circle-2(1), Sambalpur. The assessee has shown agriculture income amounting to Rs. 3473700/-. The explanation was sought from the assessee. The assessee has shown agriculture income from sale of eucalyptus tree (in cash ... well as cheque). The agriculture income for the preceding two A/Ys has been shown as follows, which were accepted by the A.O. Rs. 4799098/- for (A/Y 2010-11), Rs. 4074000/- for (A/Y 2011-12) and Rs. 3473700/- for (A/Y 2012-13) and gup Therefore as discussed above, no adverse inference

Rajeswar Thakur, Bhawanipatna vs. Asstt.CIT, Circle-1(1), Sambalpur

In the result, both appeals of the assessee are allowed

ITA 143/CTK/2025[2012-13]Status: DisposedITAT Cuttack21 Jul 2025AY 2012-13

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.143 & 144/Ctk/2025 (नििाारण वर्ा / Assessment Years : 2012-2013 & 2014-2015) Rajeswar Thakur Vs Acit, Circle-1(1), Sambalpur Pardeshpada, Near Balaji Temple Bhawanipatna, Kalahandi-766001 Pan No. :Aaspt 7155 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri S.K.Agrawalla, Ca राजस्व की ओर से /Revenue By : Shri Nishant Rao B, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 21/07/2025 घोषणा की तारीख/Date Of Pronouncement : 21/07/2025 आदेश / O R D E R Per Bench : These Two Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Both Dated 27.12.2024 For Assessment Years 2012-2013 & 2014-2015. 2. In This Appeal, It Was The Submission Of The Ld. Ar That The Original Return Of The Assessee Was Filed On 27.09.2012, The Same Was Processed & The Assessment Came To Be Completed U/S.143(3) Of The Act On 26.02.2015 Wherein Certain Additions Have Been Made. In The Assessment Order Under The Headnote “Not For The Assessee”, The Assessing Officer Has Mentioned As Follows :- 3. It Was The Submission That Subsequently On 05.12.2019, The Assessment Was Proposed To Be Reopened With The Following Reasons :-

For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri Nishant Rao B, Sr. DR
Section 143(3)Section 263

with the following reasons :- ITA Nos.143&144/CTK/2025 ITA Nos.143&144/CTK/2025 4. It was the submission that the reopening was in fact challenge to the agriculture income declared by the assessee. It was the submission that the reopening was based on change of opinion. The Assessing Officer in the original proceedings ... considered the agricultural income of the assessee. The explanation of the assessee had been called for and the same have been accepted. The reopening consequently was clearly based on a change of opinion and no fresh evidence had come to the attention of the AO or in the possession

Sh. Kala Singh, Yamunanagar vs. ITO, Ward -2, Yamunanagar

In the result, the appeal is allowed for statistical purposes

ITA 714/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh21 Jul 2025AY 2012-13

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 714/Chd/2023 "नधा"रण वष" / Assessment Year : 2012-13 Kala Singh, The Ito, Vpo Chhapar Monsoorpur बनाम Ward-2, Dera On Adhoya Road, Yamunanagar Vs. Tehsil Jagadhari, Yamunanagar 136135 "थायी लेखा सं./ Pan No: Cjbps2750K अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 15.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 21.07.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 22.09.2023 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-13. 2. Grounds Of Appeal Are As Under:

For Appellant: Sh. Tej Mohan Singh, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 69A

response to the notice u/s. 148 of the Act, the assessee filed the return of income declaring income at Rs. 1,41,190/- plus agricultural income of Rs. 3,15,603/- on 14.11.2019. Accordingly, the re-assessment was completed in the case vide order