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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

Gurmukh Singh Sandhu, Vpo Manuke vs. Income Tax Officer (OSD)-2, Jagraon

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

ITA 496/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh02 Jan 2025AY 2011-12

Bench: Shri Sanjay Gargआयकर अपील सं./ Ita No. 496/Chd/2024 "नधा"रण वष" / Assessment Year : 2011-12 बनाम Gurmukh Singh Sandhu, The Ito (Osd-2), Near B. D. Public School, Jagraon, Vpo Manuke, Tehsil Jagraon, Ludhiana 142034 "थायी लेखा सं./Pan No: Bqrps5927C अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Ashwani Kumar, Ca राज"व क" ओर से/ Revenue By : Sh. Vivek Vardhan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 11.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 02.01.2025 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.03.2024 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2011- 12. Ita No.496-Chd-2024 Gurmukh Signh Sandhu, Ludhiana 2 2. The Assessee Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Of Rs. 31,89,350/- On Account Of Unexplained Cash Deposits In The Bank Accounts Of The Assessee. The Assessing Officer During The Assessment Proceedings Noted That The Assessee Had Deposited An Amount Of Rs. 31,89,350/- In His Bank Accounts (Rs. 25,75,000 With Bank Of Baroda & Rs. 6,14,350/- In Hdfc Bank). The Assessing Officer Treated The Aforesaid Amount As Unexplained Income Of The Assessee & Made The Impugned Addition.

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Sh. Vivek Vardhan, JCIT

individual, agriculturist and his only other source of income was interest from saving bank account under the head ‘income from other sources’, besides agricultural income. It was also explained that the Assessee did not enjoy any income which was chargeable to tax as income was much below the taxable limit

Elumalai Sumathi, Bapatla vs. Income Tax Officer, Ward-1, Ongole

In the result, appeal filed by the assessee is partly allowed

ITA 1165/HYD/2024[2016-17]Status: DisposedITAT Hyderabad30 Dec 2024AY 2016-17

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1165/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Elumalai Sumathi Vs. Income Tax Officer Bapatla Ward-1 [Pan :Abipe4083C] Ongole (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By:: Shri U.Mini Chandran, Dr सुिवधई की तधरीख/Date Of Hearing: 18/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Pertaining To A.Y.2016-17 On The Following Grounds : 1. The Ld.Cit(A) Erred In Law & On Facts In Confirming The Addition Of Rs.36,60,000 As Unexplained Investment U/S 69 Of The Act After Having Admitted The Additional Evidence Filed By The Assessee Under Rule 46A. 2. Any Other Ground Or Grounds That May Be Urged At The Time Of Hearing.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: : Shri U.Mini Chandran, DR
Section 142(1)Section 147Section 148Section 253(3)Section 69

assessee, further referring to opening capital as on 01.04.2010, submitted that the assessee derives income from her business, remuneration from partnership firm and also agricultural income. The assessee is in the business for many years and if we consider the nature of business carried out by the assessee ... argument of the assessee before the Ld.CIT(A) that, she has known sources of income, out of her business income and other receipts including agricultural income and as on 01.04.2010, she has accumulated cash and cash equivalent of Rs.30,23,100/-. The assessee had also furnished the returns of income

Satbir Singh Punia, Rohtak vs. ITO Ward-3, Rohtak

In the result, appeal of the assessee is partly allowed

ITA 138/DEL/2024[2015-2016]Status: DisposedITAT Delhi27 Dec 2024AY 2015-2016

Bench: Shri Vikas Awasthyआअसं.138/िद"ी/2024 (िन.व. 2015-16) Satbir Singh Punia, H. No. 636/21, Main Azadgarh Road, Near Hafed Chowk, Rohtak, Haryana 124001 ...... अपीलाथ"/Appellant Pan: Awhpp-7447-F बनाम Vs. Income Tax Officer Ward-3 ..... "ितवादी/Respondent Aaykar Bhawan, Rohtak 124001 अपीलाथ" "ारा/ Appellant By : Shri Naveen Kumar Goyal, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 01/10/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/12/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 27.12.2023, For Assessment Year 2015-16. 2. Shri Naveen Kumar Goyal, Appearing On Behalf Of Assessee Submits That The Assessee Filed Return Of Income For Ay 2015-16 Declaring Business Income Of Rs. 5,83,150/- U/S. 44Ad Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’) & Agricultural Income Of Rs.37,15,850/-. The Assessee Has Agricultural Income From Cultivation Of His Own Land, As Well As The Land Taken On Batai/Theka (Lease). To Substantiate Agricultural Income, The Assessee Placed On Record

For Appellant: Shri Naveen Kumar Goyal, Chartered AccountantFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 143(3)Section 44A

declaring business income of Rs. 5,83,150/- u/s. 44AD of the Income Tax Act, 1961(hereinafter referred to as ‘the Act’) and agricultural income of Rs.37,15,850/-. The assessee has agricultural income from cultivation of his own land, as well as the land taken on batai/theka (lease ... substantiate agricultural income, the assessee placed on record 2 fard/jamabandi of land indicating assessee’s ownership on agricultural land and also showing that the assessee was cultivating land owned by others. The ld. AR of the assessee further submitted that even in preceding assessment years

ITO Ward - 2, Karnal vs. Hardeep Singh, Karnal

In the result, appeal of the Revenue and cross objections by the assessee are dismissed

ITA 1152/DEL/2020[2011-12]Status: DisposedITAT Delhi27 Dec 2024AY 2011-12

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1152/िद"ी/2020(िन.व. 2011-12) Income Tax Officer, ...... अपीलाथ"/Appellant Ward-2, Karnal, Haryana 132001 बनाम Vs. Hardeep Singh, S/O Jaswant Singh, Vill. Kutail, Po Darar, Karnal, Haryana 132001 ..... "ितवादी/Respondent Pan: Exups 8061 N Co No. 150/Del/2023 (A.Y.2011-12) In Ita No. 1152/Del/2020 Hardeep Singh, S/O Jaswant Singh, Vill. Kutail, Po Darar, Karnal, Haryana 132001 ...... अपीलाथ"/Appellant Pan: Exups 8061 N बनाम Vs. Income Tax Officer, ..... "ितवादी/Respondent Ward-2, Karnal, Haryana 132001 Assessee By : S/Shri Ved Jain, Aman Garg, Advocates & Ms. Uma Upadhyay, Chartered Accountant Department By: Shri Vivek Kumar Upadhyay, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 13/12/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/12/2024

For Appellant: S/Shri Ved Jain, Aman Garg, Advocates &For Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Section 143(3)Section 147Section 148

assessee on 23.03.2018. In response to the said notice, the assessee filed return of income on 05.05.2018 declaring income of Rs.1,34,955/- and agricultural income of Rs.2,70,468/-. The assessee filed objections against reopening of assessment on 23.08.2018. The contention of the assessee is that the Assessing Officer