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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

Shri Rajesh Karshanbhai Vekariya, Rajkot vs. The ITO WD-2(1)(5), Rajkot

The appeal of the assessee is partly allowed

ITA 173/RJT/2024[2011-2012]Status: DisposedITAT Rajkot03 Apr 2025AY 2011-2012

Bench: Dr. Arjun Lal Saini, Am.& Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.173/Rjt/2024 "नधा"रण वष" / Assessment Year: (2011-12) Shri Rajesh Karshanbhai Vekariya, Income Tax Officer, Ward- Plot No. 266, Kuvadva Gidc, Opp. 2,(1)(5), Rajkot, Aayakar Vs. Riddhi Agro Industries, Kuvadva, Bhavan, Race Course Ring Rajkot-360003 Road, Rajkot – 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acxpp9434A (Appellant) (Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav , Ld .Sr. Dr Date Of Hearing : 08 /01/2025 Date Of Pronouncement : 03/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha Jm; Captioned Appeal Filed By Assessee Pertaining To Assessment Year 2011-12, Is Directed Against Order Passed By National Faceless Appeal Centre (Nfac) Delhi /Ld. Commissioner Of Income-Tax (Appeal) , Vide Order Dated 25.012024, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (‘Ao’ For Short) Dated 26.03.2015 U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: “1. The Grounds Of Appeal Mentioned Hereunder Are Without Prejudice To One Another. 2. The Id. Commissioner Of Income-Tax(Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred As To The "Cit(A)"] Erred On Facts As Also In Law Confirming Addition Of Rs.86,68,718/- Made By The Ao On Account Of Alleged Unexplained Cash Credit U/S.68 Of The Act On The Alleged Ground That The Appellant Failed To Prove Genuineness & Creditworthiness Of Various Parties From Whom Unsecured Loan Of Rs.86,68,718/-Were Ita No. 173-Rjt-2024 Shri Rajesh Karshanbhai Vekariya

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav , Ld .Sr. DR
Section 143(3)Section 144Section 44ASection 68

account and gets the same audited u/s. 44AB of the Act. The appellant filed his return of income of 2,84,452/- and agricultural income of Rs.2,05,000/- for the relevant AY on 29.09.2012 During assessment u/s 143(3) of the Act, the AO alleged that the appellant remained ... vide order u/s. 144 of the Act, dated 26.03.2015 assessed the total income at 98,02,210/- and agriculture income of Rs.2,05,000/-, wherein following variations to the returned income were made: (i) Treating unsecured loans of ₹86,68,718/- received from various depositors as unexplained and alleging that

Shri Jagdev Singh, Sirsa vs. ITO Ward-3, Sirsa

The appeal stand allowed

ITA 87/CHANDI/2020[2015-16]Status: DisposedITAT Chandigarh03 Apr 2025AY 2015-16

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.87/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2015-16) Shri Jagdev Singh Ito Ward No.3 S/O Sh. Karnail Singh Sirsa बनाम/ Vs. Village Haboli, Rania District Sirsa. 125055. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bwbps-1275-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Adv.). – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 26-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 01-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-5, Ludhiana [Cit(A)] Dated 24-09-2019 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 06-12-2017. Having Heard Rival Submissions, The Appeal Is Disposed-Off As Under. The Registry Has Noted Delay Of 55 Days In The Appeal Which Stand Condoned.

For Appellant: Sh. Sudhir Sehgal (Adv.). – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(3)

noted delay of 55 days in the appeal which stand condoned. 2. It emerges that the assessee declared income of Rs.3.01 Lacs and agricultural income of Rs.2.72 Lacs. It transpired that the assessee deposited cash in its two bank accounts which were stated to be sourced out of earlier withdrawals ... submissions, did not admit the appeal on delay. On merits also, it was observed that Shri Maninder Singh was having dairy income and agricultural income though he was not filing tax return. The payment was stated to be made out of agricultural income. However, the sale deed was not registered