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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

Thenmozhi Ganesan, Dindigul vs. PCIT, Madurai-1

In the result, the appeal filed by the assessee is dismissed in above terms

ITA 1628/CHNY/2024[2014-15]Status: DisposedITAT Chennai30 Sept 2024AY 2014-15

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1628/Chny/2024 िनधा"रण वष"/Assessment Year: 2014-2015 Thenmozhi Ganesan, The Principal Commissioner Of 13A, Collectorate, Vs. Income Tax, Indira Nagar, Madurai. Dindigul 624 004. Pan: Adtpt 8145C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Bhupendran, Advocate ""यथ" क" ओर से/Respondent By : Shri. Nilay Baran Som, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.09.2024 आदेश /O R D E R Per Manu Kumar Giri () The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Madurai-1 [‘Pcit’ I Short] Dated 25.03.2024 For Assessment Years 2014-15. 2. The Assessee Has Assailed The Impugned Order On 1-5 Grounds Which Are As Under: Ita No.1628 /Chny/2024 ‘’1) The Order Of The Learned Pcit Is Bad & Erroneous In Law. 2) The Learned Pcit Erred In Not Considering The Submission Filed By The Appellant In Proper Perspective. 3) The Learned Pcit Erred In Not Considering The Scope & Effect Of The Amendment Made In Section 40(A)(Ia) In Proper Perspective. 4) The Order By The Learned Pcit Directing The Assessing Officer To Pass A Fresh Assessment Order By Disallowing 100 Percent U/S. 40(A)(Ia), Without Cancelling The Earlier Assessment Order, As Mandated By Section 263 Is Bad In Law. 5) Invoking Section 263, When The Issue Of Disallowance U/S. 40(A)(Ia), At The Time Of Passing The Assessment Order Dated 10/03/2022 U/S.148, Was Not Free From Doubt, Is Not Legally Tenable’.

For Appellant: Shri. S. Bhupendran, AdvocateFor Respondent: Shri. Nilay Baran Som, IRS, CIT
Section 143(3)Section 144BSection 147Section 148Section 194CSection 263Section 40

filed her return of income for the Assessment Year[AY] 2014- 15 on 11.10.2014 declaring a total income of Rs.4,19,060/- and agricultural income of Rs.2,59,655/-. The case was selected for scrutiny under the CASS and assessment was completed u/s 143(3) of the Income

Pragati Green Meadows and Resorts Limited, Hyderabad vs. DCIT, Circle-16(2), Hyderabad

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 117/HYD/2023[2018-19]Status: HeardITAT Hyderabad25 Sept 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon'Ble Vice- & Shri Manjunatha, G. Accountant Hon'Bleआ.अपी.सं /Ita Nos.116 & 117/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Pragati Green Meadows Vs. Dy. C. I. T. & Resorts Ltd Circle 16(2) Hyderabad Hyderabad Pan:Aaccp5283H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B. Balakrishna, Dr सुनवाई की तारीख/Date Of Hearing: 24/09/2024 घोषणा की तारीख/Pronouncement: 25/09/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, DR
Section 143(1)Section 143(3)Section 36(1)(va)

intimation was issued u/s 143(1) on 3/11/2019 and determined the total income at Rs.11,88,29,960/- by making additions towards disallowance of agricultural income and belated payment of employees contribution to EPF and ESI. Subsequently, the case has been selected for scrutiny and the order ... dated 10/06/2021. The learned CIT (A) partly allowed the appeal filed by the assessee where the issue on additions towards agricultural income has been set aside to the file of the Assessing Officer for verification, however, confirmed the additions made towards belated payment of employees contribution to EPF/ESI. 4. Aggrieved

Pragati Green Meadows and Resorts Limited, Hyderabad vs. DCIT, Circle-16(2), Hyderabad

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 116/HYD/2023[2018-19]Status: HeardITAT Hyderabad25 Sept 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon'Ble Vice- & Shri Manjunatha, G. Accountant Hon'Bleआ.अपी.सं /Ita Nos.116 & 117/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Pragati Green Meadows Vs. Dy. C. I. T. & Resorts Ltd Circle 16(2) Hyderabad Hyderabad Pan:Aaccp5283H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B. Balakrishna, Dr सुनवाई की तारीख/Date Of Hearing: 24/09/2024 घोषणा की तारीख/Pronouncement: 25/09/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, DR
Section 143(1)Section 143(3)Section 36(1)(va)

intimation was issued u/s 143(1) on 3/11/2019 and determined the total income at Rs.11,88,29,960/- by making additions towards disallowance of agricultural income and belated payment of employees contribution to EPF and ESI. Subsequently, the case has been selected for scrutiny and the order ... dated 10/06/2021. The learned CIT (A) partly allowed the appeal filed by the assessee where the issue on additions towards agricultural income has been set aside to the file of the Assessing Officer for verification, however, confirmed the additions made towards belated payment of employees contribution to EPF/ESI. 4. Aggrieved

Gauttam Nipinbhai Nagarsheth, Ahmedabad vs. The Pr. CIT-3, Ahmedabad

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

ITA 154/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad23 Sept 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.154/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Gautam Nipinbhai The Pr.Cit-3, बनाम/ Nagarsheth Ahmedabad V/S. D-37, Aaryaman Bungalows Nr.Railway Crossing Opp. Anand Niketan School Thaltej Shilaj, Thaltej Ahmedabad – 380 059 "थायी लेखा सं./Pan: Aakpn 7077 J (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Manish Rajvaidya, Ca Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 12/09/2024 घोषणा की तारीख /Date Of Pronouncement: 23/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Present Appeal Has Been Filed By The Assessee Against The Order Dated 11-03-2022 Passed By The Principal Commissioner Of Income Tax-3, Ahmedabad (Hereinafter Referred To As “Pcit”) Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year (Ay) 2017-18. The Assessee Is Aggrieved By The Order Of The Pcit, Wherein The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) Of The Act Has Been Set Aside On The Gautam Nipinbhai Nagarsheth Vs. The Pr.Cit-3 Asst. Year : 2017-18

For Appellant: Shri Manish Rajvaidya, CAFor Respondent: Shri R.N. Dsouza, CIT-DR
Section 143(1)Section 143(2)Section 143(3)Section 263Section 57Section 68

individual and filed his return of income for the A.Y. 2017-18 on 01-08-2017 declaring total income of Rs.33,84,400/- and agricultural income of Rs.4,23,572/-, which was processed u/s. 143(1) of the Act. Later on, the case was selected for the scrutiny under CASS

ACIT., Circle-1(1), Tirupati vs. Ponnambalam Krishnan, Chittoor

In the result, the appeal of the revenue and cross objections of the assessee are partly allowed for statistical purposes in above terms

ITA 655/HYD/2024[2017-18]Status: DisposedITAT Hyderabad20 Sept 2024AY 2017-18

Bench: Shri Manjunatha G, Accountnat Member & Shri Prakash Chand Yadavआ.अपी.सं /Ita No.655/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2017-18) Asst. Commissioner Of Income Shri Ponnambalam Krishnan, Tax, Circle 1(1), Tirupati. Vs. Ekjambarakuppam, Chittoor, A.P. Pan : Bedpk5641B (Appellant) (Respondent) C.O. No.11/Hyd/2024 (Assessment Year:2017-18) (By Assessee) निर्धाररती द्वधरध/Assessee By: Shri E. Phalguna Kumar, C.A. रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala,Sr-Dr सुिवधई की तधरीख/Date Of 10/09/2024 Hearing: घोर्णध की रीख/Pronouncement: 20/09/2024

For Appellant: Shri E. Phalguna Kumar, C.AFor Respondent: Shri Srinath Sadanala,SR-DR
Section 142(1)Section 144Section 40Section 68

called for u/s. 142(1) leading to disallowance of depreciation claimed for Rs.53,293/-. (5) The assessee failed to furnish the documentary evidences towards agricultural income of Rs.15,28,700/-.The Ld. CIT (A) ought to have called for a remand report on the submission.” 3. There is a delay ... Disallowance of depreciation claimed by the assessee amounting to Rs.53,393/-. e) Addition of Rs 15,28,700 by changing the head of agriculture income as income from other sources. 5. Aggrieved with the order of Assessing Officer, the assessee preferred an appeal before the Ld. CIT(A) and assailed