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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

Krishna Plantations Private Limited, Margao vs. National E-Assessment Centre, Delhi

ITA 106/PAN/2024[2018-19]Status: DisposedITAT Panaji01 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 106/Pan/2024 Assessment Year : 2018-19 Krishna Plantation Private Limited 15/1452, Nanu House, Varde Valaulikar Rd., Madgao, Goa Pan : Aaack6885G . . . . . . . Appellant V/S Income Tax Officer, Ward-3, Madgao, Goa. . . . . . . . Respondent Appearances Assessee By : Smt Bhavya Goyal [‘Ld. Ar’] Revenue By : Mr Ravindra Hattalli [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 20/03/2025 घोषणा की तारीख / Date Of Pronouncement : 01/04/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order 1062943051(1) Dt. 23/04/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 29/01/2021 Passed U/S 143(3) Of The Act By The National Faceless E-Asstt. Centre, Delhi [‘Ld. Ao’ Hereinafter] Anent To Assessment Year 2018-19 [‘Ay’ Hereinafter].

For Appellant: Smt Bhavya Goyal [‘Ld. AR’]For Respondent: Mr Ravindra Hattalli [‘Ld. DR’]
Section 143(3)Section 250Section 56(2)

forestry activities. For the year under consideration the assessee filed its return on 11/01/2019 declaring total income of ₹NIL with a claim for exempt agricultural income of ₹89,78,685/-. The return of income was selected for scrutiny and consequential assessment was completed u/s 143(3) of the Act wherein ... claim of exempt agricultural income was restricted to ₹3,39,540/- and for assessee’s failure to substantiate true nature & source of declared exempt agricultural income of ₹89,78,685/- was added to total income under the head Income from Other Sources. 3. Aggrieved assessee attempted to resolve the dispute

Nemichand, Agra vs. Income Tax Officer Ward 2(1)(3), Agra

The appeal stands partly allowed

ITA 229/AGR/2024[2012-2013]Status: DisposedITAT Agra28 Mar 2025AY 2012-2013

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.228/Agr/2024 (िनधा"रण वष" / Assessment Year: 2011-12) & 2. आयकरअपील सं. / Ita No.229/Agr/2024 (िनधा"रण वष" / Assessment Year: 2012-13) Nemi Chand Ito-2(1)(3) बनाम/ (Rep. By Smt. Bharti Gupta) Agra Gopal Pura, Shamsabad Vs. Up 283125 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ajnpn-1996-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri S.C. Jain (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.C. Jain (Advocate) – Ld. ARFor Respondent: Shri Shailender Shrivastava – Ld. Sr. DR
Section 144

from agricultural activities and trading of fertilizers. It was stated that the assessee and his family members owned agricultural land and the assessee declared agricultural income of Rs.3.05 Lacs and also declared business income of Rs.1.52 Lacs from sale of fertilizers. The deposits were stated to be sourced

Nemichand, Agra vs. Income Tax Officer Ward 2(1)(3), Agra

The appeal stands partly allowed

ITA 228/AGR/2024[2011-12]Status: DisposedITAT Agra28 Mar 2025AY 2011-12

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.228/Agr/2024 (िनधा"रण वष" / Assessment Year: 2011-12) & 2. आयकरअपील सं. / Ita No.229/Agr/2024 (िनधा"रण वष" / Assessment Year: 2012-13) Nemi Chand Ito-2(1)(3) बनाम/ (Rep. By Smt. Bharti Gupta) Agra Gopal Pura, Shamsabad Vs. Up 283125 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ajnpn-1996-N (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri S.C. Jain (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.C. Jain (Advocate) – Ld. ARFor Respondent: Shri Shailender Shrivastava – Ld. Sr. DR
Section 144

from agricultural activities and trading of fertilizers. It was stated that the assessee and his family members owned agricultural land and the assessee declared agricultural income of Rs.3.05 Lacs and also declared business income of Rs.1.52 Lacs from sale of fertilizers. The deposits were stated to be sourced

Vikas Raosaheb Powar, Shirol, Maharashtra vs. ITO, Ward-1, Ichalkaranji, Maharashtra

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

ITA 2127/PUN/2024[2018-19]Status: DisposedITAT Pune28 Mar 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2127/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Vikas Raosaheb Powar, Vs. Ito, Ward-1, Powar Doodh Dairy Terwad, Ichalkaranji, Shirol, Kolhapur- 416106. Pan : Bcwpp6212J Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By : Shri Arvind Desai Date Of Hearing : 08.01.2025 Date Of Pronouncement : 28.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. There Is A Delay Of 103 Days In Filing Of The Present Appeal. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit. We Are Satisfied With The Explanation Of The Assessee That He Was Prevented By Reasonable Cause For Not Filing The Present Appeal Within Prescribed Time Limit. Ld. Dr Raised

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Arvind Desai
Section 144Section 147Section 148Section 148ASection 151(2)

notice issued u/s 148 of the IT Act. However, the assessee furnished response against one of the notice that 3 transaction pertains to agricultural income, therefore return is not filed. Since the assessee has not furnished any documentary evidence in support of above reply, the Assessing Officer completed the assessment