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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

Vijaybhai Patel, Vadodara vs. The Income Tax Officer, Ward-1(3)(3), Vadodara

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

ITA 1104/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2012-13

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1104/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2012-13) बनाम/ Vijaybhai Patel Income Tax Officer 1-25 Station Vistar, At & Ward 1(3)(3), Vadodara Vs. Po: Bhilapur, Ta: Dabhoi, Vadodara - 391107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Blapp8447A (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Hardik Vora, A.R. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr 27/11/2024 Date Of Hearing Date Of Pronouncement 05/12/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 26.03.2024 For The Assessment Year 2012-13. 2. The Brief Facts Of The Case Are That The Assessee Did Not File His Return Of Income For A.Y.2012-13. The Ao Had Received An Information That The Assessee Had Made Cash Deposit Of Rs.91,71,500/- In His Bank Account With Bank Of Baroda. Therefore, The Case Was Reopened Under Section 147 Of The Income Tax Act, 1961 (In Short ‘The Act’). In The Course Of Assessment Proceedings, The Ao Was Not Satisfied With The Explanation Of The Assessee Regarding The Source Of This Cash Deposit. Therefore, An Addition Of Rs.91,71,500/- Was Made In

For Appellant: Shri Hardik Vora, A.RFor Respondent: Shri Rignesh Das, Sr. DR
Section 143(3)Section 147

made in ITA No. 369/Ahd/2024 [Prashant Chandulal Parikh, HUF vs. ACIT] A.Y. 2017-18 - 2 – respect of unexplained cash deposits. Further, the agricultural income of Rs.6,70,465/- was also added to income in the absence of any details regarding land holding as well as agricultural activities. The assessment ... well as law on the subject, the learned CIT(A) has erred in confirming the addition of Rs.6,70,465/- on account of unexplained agriculture income. 7. It is therefore prayed that the above addition/disallowance made by the assessing officer may please be deleted.” ITA No. 369/Ahd/2024 [Prashant Chandulal Parikh

Prashant Chandulal Parikh, HUF, Ahmedabad vs. The ACIT, Circle-5(2)(1), Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 369/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad29 Nov 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 369/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Prashant Chandulal Assistant Commissioner Of Parikh, Huf Income Tax Vs. C/O M/S. Chandulal J Circle 5(2)(1), Ahmedabad Parikh, 303 Ushadep Complex, Nr. Navrangpura, Railway Crossing, Navrangpura, Ahmedabad 380009 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadhp9467M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Rajendera K Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr Date Of Hearing 19/11/2024 /11/2024 Date Of Pronouncement

For Appellant: Shri Rajendera K Shah, A.RFor Respondent: Shri Rignesh Das, Sr. DR
Section 143(3)Section 54F

bank account, the AO found that the total cash deposit during the year was Rs.24,48,000/-, which was explained to be out of agricultural income. The AO was not satisfied with the explanation of the assessee in this regard and the entire cash deposit was treated as unexplained ... learned CIT(A) NFAC has erred in confirming the decision of AO in rejecting the claim of agriculture income inter alia making addition u/s 69A of Rs. 24,48,000/- and taxing the same u/s 115BBE, inspite of all the documents and evidences of earning the agriculture income clearly brought