← All Phrases

“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

Mr Dnyaneshwar Baburao Kathe, Nashik vs. Income Tax Officer, Ward-1(3), Pune

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

ITA 432/PUN/2024[2011-12]Status: DisposedITAT Pune04 Nov 2024AY 2011-12

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.432/Pun/2024 िनधा"रण वष" / Assessment Year: 2011-12 Mr. Dnyaneshwar Baburao Vs. Ito, Ward-1(3), Pune. Kathe, Janori Dhawa, 10Th Mail Road, Dindori, Nashik- 422206. Pan : Bbppk3199D Appellant Respondent Assessee By : Shri Krishna V. Gujarathi Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 13.08.2024 Date Of Pronouncement : 04.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.01.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) On The Facts & In The Circumstance Of The Case & In Law The Honorable Cit(A) Has Erred & Is Not Justified In Confirming The Addition Of Rs.31,58,740/- By Treating The Cash Deposits Made By The Assessee In The Saving Bank Account Of Dena Bank As Unexplained Income Without Appreciating The Fact That The Said Cash Deposited In The Bank Was Out Of Agriculture Sale Proceeds. The Appellant Prays That The Addition May Please Be Deleted.

For Appellant: Shri Krishna V. GujarathiFor Respondent: Shri Ramnath P. Murkunde
Section 148Section 3Section 50CSection 54F

accordingly contended before the Bench that doubt raised by ld. CIT(A)/NFAC regarding ownership/holding of agricultural land no more survives, and therefore, the agricultural income should have been accepted by the Assessing Officer as well as by the ld. CIT(A)/NFAC. 6. The ld. Counsel of the assessee ... /NFAC has not accepted the same. Ld. Counsel of the assessee further relied on various case laws wherein under similar circumstances, the estimation of agricultural income in the absence of bills and vouchers for sale of agricultural produce and receipt for expenses were estimated judiciously and the additions were deleted

Annadurai Balakrishnan, Erode vs. ITO, Ward-2(5), Erode

The appeal stands partly allowed

ITA 499/CHNY/2024[2013-14]Status: DisposedITAT Chennai04 Nov 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.499/Chny/2024 (िनधा"रणवष" / Assessment Year: 2013-2014) Annadurai Balakrishnan Vs. The Income Tax Officer, 5/95, Periathottam, Ward 2(5) Oricherry Pudur P.O., Erode Bhavani, Erode 638 315. [Pan: Anipa 8909M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. M. Karunakaran, Advocate ""यथ" क" ओर से /Respondent By : Shri. K. Karthikeyan, Irs, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 15.10.2024 घोषणा क" तार"ख /Date Of Pronouncement : 04.11.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. M. Karunakaran, AdvocateFor Respondent: Shri. K. Karthikeyan, IRS, Addl. CIT
Section 147Section 148Section 69

even considering the income from lorries shown in the return of income. 14. The authorities below ought to have accepted the past savings from agricultural income claimed of Rs. 5,50,000 especially when the assessing officer has accepted the agricultural income for the current year as earning of agricultural ... same. The assessee filed return of income manually on 16.09.2019 admitting an income of Rs.1.80 Lacs u/s 44AE from running of lorries and agricultural income of Rs.2.07 Lacs. The source of cash deposit was stated to be as under: - No. Particulars Amount (Rs.) 1. Lorry Hire Income Rs.5

Mannava Ramarao, Guntur vs. Income Tax Officer, Ward-2(3), Guntur

In the result, appeal filed by the assessee is allowed

ITA 1/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam30 Oct 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.01/Viz/2024 (िनधा"रण वष" / Assessment Year : 2017-18) Mannava Ramarao, Vs. The Income Tax Officer, Guntur. Ward-2(3), Pan: Cripm6037J Guntur. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri Gvn Hari, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 17/10/2024 घोषणा क" तारीख/Date Of : 30/10/2024 Pronouncement O R D E R

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 139(4)Section 142(1)Section 143(2)Section 144Section 69A

extent of 10.34 Acres and cultivated the commercial crops like Onion, Turmeric, Maize, Banana and Vegetables. The assessee further explained that in addition to agricultural income, he also earned commission from sale of produce grown by other farmers and whatever the commission received by way of cash, that was deposited ... considering the submissions of the assessee, the Ld. AO estimated the assessee’s income from agriculture @ Rs. 75,000/- per acre. Accordingly, the total agricultural income derived by the assessee and his family members during the year 3 works out to Rs. 7,75,875/- and also considering the size

DCIT, Central Cir-2, Madurai vs. J S Nihar Banu, Palakkad

In the result, the appeals filed by the Revenue in I

ITA 445/CHNY/2019[2015-16]Status: DisposedITAT Chennai25 Oct 2024AY 2015-16

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./Ita No.355, 356, 357 & 358 /Chny/2019 धििाारण वर्ा /Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & Co 32, 33, 34 & 35 /Chny/2019 Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner Of M/S.Achu Traders, Income Tax, Central Circle-2, No. 11/1288, Madurai M.Pudur Main Road, Vs. Govindapuram Post, Palakkad, Kerala-678507 [Pan: Aapfa8131B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.359, 360, 361 & 362 /Chny/2019 धििाारण वर्ा /Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & Co 36, 37, 38 & 39/Chny/2019 Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner Of Shri M.Shahjahan, Income Tax, Central Circle-2, Prop. M/S. Madeena Traders Madurai No.Vii/561, M.Pudur Main Road, Vs Govindapuram Post, Palakkad, Kerala-678507 (अपीलार्थी/Appellant) [Pan: Aiyps1815P]

For Appellant: D. Anand, Advocate
Section 40A(3)

passed within the time) the assessment has become time barred. 11. The Hon’ble Kerala High Court in the case of Commissioner of Agricultural Income tax vs. Kappumalai Estate reported in 234 ITR 187(Ker.) had held to make the order complete and effective, it should be issued