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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

Shailesh Kumar Ishwarbhai Patel, Anand vs. The ITO, Ward-1, Anand

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2015/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2013-14

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 2015/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2013-14) बनाम/ Shailesh Kumar The Ito Ishwarbhai Patel Ward 1, Anand Vs. Gandhi Pole, Vaherakhadi, Anand, Gujarat - 388365 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Auhpp1709Q (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Arti Shah, Ar. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr 17/04/2025 Date Of Hearing Date Of Pronouncement 25/04/2025 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi (In Short ‘The Cit(A)’) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) Dated 30.09.2024 Pertaining To Assessment Year 2013- 14. 2. The Grounds Raised In The Appeal By The Assessee Are As Under:

For Appellant: Ms. Arti Shah, ARFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 250Section 271(1)(c)Section 69A

ancestral agricultural land and did not carry out any business activity and the cash deposits in his bank account was attributable to his agricultural income and his savings therefrom. It was pointed out that the summary of the cash flow during the year had been submitted to the AO accompanied

Karuppannan Kulandaivel, Karungaradu, Salem vs. Income Tax Officer - ITO Ward 1(8), Salem

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 371/CHNY/2025[2011-12]Status: DisposedITAT Chennai25 Apr 2025AY 2011-12

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.371/Chny/2025 ("नधा"रण वष" / Assessment Year: 2011-12) Vs Shri Karuppannan Kulandaivel, The Income Tax Officer, 2/4-898, Karungaradu, Ito Ward 1(8), Navapatty (Po), Mettur Taluk, Salem. Salem – 636 452. Pan : Anwpk 1060F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Srivatsan Ranganathan, Ca ""यथ" क" ओर से/Respondent By : Shri Keerthi Narayanan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 23.04.2025 घोषणा क" तार"ख/Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per S R Raghunatha, Am: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 26.12.2024 For The Assessment Year 2011-12. 2. The Brief Facts Of The Case Are That The Assessee Is An Individual & Has Not Filed His Return Of Income For The Assessment Year 2011- 12. As Per Information, The Assessee Has Transactions In His Savings

For Appellant: Shri Srivatsan Ranganathan, CAFor Respondent: Shri Keerthi Narayanan, JCIT
Section 144Section 148Section 69A

absence from India. Before CIT(A), the assessee submitted that the cash deposits were out of sale proceeds of agricultural properties and agricultural incomes. However, the Ld.CIT(A) rejected the claim of assessee stating that no documentary evidences were filed. Since the assessee could not attend the notices issued

Siddharth Singh, Tota Ka Tal Agra vs. ITO Ward 1(2)(4) Agra Shri Mahesh Chand Sharma, Aayakar Bhawan Agra

The appeal stand partly allowed

ITA 283/AGR/2024[2017-2018]Status: DisposedITAT Agra23 Apr 2025AY 2017-2018

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No. 283/Agr/2024 (िनधा"रणवष" / Assessment Year:2017-18) & 2. S.A. No. 02/Agr/2024 (In Ita No. 283/Agr/2024) (िनधा"रणवष" / Assessment Year:2017-18) Shri Siddharth Singh Income-Tax Officer, बनाम/ Vill & Post- Nasirpur Ward 1(2)(4), Agra. Vs. Hathras (Up). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bjmps-1593-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Dushyant Asthana (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 11-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 29-05-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 Of The Act On 17-12-2019. In The Assessment Order, Ld. Ao Made Addition Of Net Cash Deposit For Rs.10.04 Lacs For Want Of Any Satisfactory Explanation From The Assessee. The Ld. Cit(A) Confirmed The Assessment For The Same Very Reasons. Aggrieved, The Assessee Is In Further Appeal Before Us. The Registry Has Noted Delay Of 11 Days In The Appeal Which Stand Condoned.

For Appellant: Sh. Dushyant Asthana (Advocate) – Ld. ARFor Respondent: Sh. Shailendra Shrivastava – Ld. Sr. DR
Section 144

advanced arguments to submit that the assessee is having sufficient agricultural land holdings and the cash deposits were sourced out of agricultural income. The Ld. AR drew attention to various documents i.e., Khatoni, land revenue bill, Kisan Bahi etc. in support of its submissions. Upon perusal of the same

Sh. Bramhjit Singh S/O Sh.Dharam Pal Singh, Morena vs. ITO., Ward-1, Morena

The appeals stand partly allowed in terms of our above order

ITA 324/AGR/2019[2010-11]Status: DisposedITAT Agra23 Apr 2025AY 2010-11

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.323/Agr/2019 (िनधा"रणवष" / Assessment Year:2010-11) & 2. आयकरअपील सं. / Ita No.324/Agr/2019 (िनधा"रणवष" / Assessment Year:2010-11) Shri Bramhajit Singh Income-Tax Officer, बनाम/ Vill. Jareerua, Post- Nurabad, Ward 1, Morena. Vs. Morena (Mp). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Atxpb-1047-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Assessee For Assessment Year (Ay) 2010-11 Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up

For Appellant: NoneFor Respondent: Sh. Shailender Shrivastava – Ld. DR
Section 147Section 154Section 234A

Upon perusal of impugned order, it could be seen that Ld. CIT(A) has granted relief of Rs.2.93 Lacs for past savings and agricultural income. From assessee’s submissions, it would appear that the assessee has sold certain agricultural land along with other family members and deposited the proceeds thereof ... assessee has claimed that amount of Rs.5 Lacs was sourced from past savings and Rs.25 Lacs is stated to be sourced from accumulated agricultural income of family members. Considering all these facts and with a view to settle prolonged litigation, we confirm impugned addition to the extent of Rs.5 Lacs

Sh. Bramhajit Singh, Morena vs. ITO., Ward-1, Morena

The appeals stand partly allowed in terms of our above order

ITA 323/AGR/2019[2010-11]Status: DisposedITAT Agra23 Apr 2025AY 2010-11

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.323/Agr/2019 (िनधा"रणवष" / Assessment Year:2010-11) & 2. आयकरअपील सं. / Ita No.324/Agr/2019 (िनधा"रणवष" / Assessment Year:2010-11) Shri Bramhajit Singh Income-Tax Officer, बनाम/ Vill. Jareerua, Post- Nurabad, Ward 1, Morena. Vs. Morena (Mp). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Atxpb-1047-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Assessee For Assessment Year (Ay) 2010-11 Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up

For Appellant: NoneFor Respondent: Sh. Shailender Shrivastava – Ld. DR
Section 147Section 154Section 234A

Upon perusal of impugned order, it could be seen that Ld. CIT(A) has granted relief of Rs.2.93 Lacs for past savings and agricultural income. From assessee’s submissions, it would appear that the assessee has sold certain agricultural land along with other family members and deposited the proceeds thereof ... assessee has claimed that amount of Rs.5 Lacs was sourced from past savings and Rs.25 Lacs is stated to be sourced from accumulated agricultural income of family members. Considering all these facts and with a view to settle prolonged litigation, we confirm impugned addition to the extent of Rs.5 Lacs

Sh. Sridhar Pandey, Auraiya vs. A.C.I.T.-2, Agra

The appeal stand allowed

ITA 492/AGR/2012[2003-04]Status: DisposedITAT Agra23 Apr 2025AY 2003-04

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.492/Agr/2012 (िनधा"रणवष" / Assessment Year: 2003-04) Shri Sridhar Pandey Acit-2, बनाम/ S/O Late Sh. Babu Ram Pandey Agra Vs. Muradganj, Distt. Auriya (Up). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aljpp-4364-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Sh. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2003-04 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals)-1, Agra [Cit(A)] On 31-03-2012 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 153A Of The Act On 06-12-2006. At The Time Of Hearing, None Appeared For Assessee. Accordingly, The Appeal Was Heard With The Able Assistance Of Ld. Cit-Dr Who Pleaded For Dismissal Of The Appeal. 2. From Case Records, It Could Be Ascertained That The Assessee Was Subjected To Search U/S 132 On 03-03-2005 & Notice U/S 153A Was Issued On 24-01-2006. The Assessee Initially Filed Return Of Income On 30- 03-2005 I.E., Before Issuance Of Notice U/S 153A. In Response To Notice U/S 153A, The Assessee Offered The Same Income. The Ld. Ao, After Rejecting

For Appellant: NoneFor Respondent: Sh. Arun Kumar Yadav – Ld. CIT-DR
Section 132Section 153A

assessee offered the same income. The Ld. AO, after rejecting assessee’s various submissions, assessed total income at Rs.72.50 Lacs. While doing so, the agricultural income of Rs.3.60 Lacs was treated as income from undisclosed sources. The Ld. AO made addition of peak of bank deposits and also made addition