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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

Ishwar Chander Pahuja, New Delhi vs. ACIT Circle 19(1), New Delhi

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

ITA 2560/DEL/2023[2015-16]Status: DisposedITAT Delhi06 Sept 2024AY 2015-16

Bench: Shri S.Rifaur Rahmanishwar Chander Pahuja, Vs. Acit, Circle 19 (1), C/O Sumer Garg & Co., Cas New Delhi. E-501A, Itl Northex Tower, Plot No.A – 9, Netaji Subhash Place, Pitampura, New Delhi – 110 034. (Pan : Aafpp4275M) (Appellant) (Respondent) Assessee By : Shri S.C. Garg, Ca Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 24.06.2024 Date Of Order : 06.09.2024 Order The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi [“Ld. Cit(A)”, For Short]/National Faceless Appeal Centre (Nfac) Dated 21.08.2023 For The Assessment Year 2015-16. 2. The Assessee Has Raised Following Grounds Of Appeal :- “1. The Ld. Ao Erred In Law & On Facts In Disallowing The Claim Of The Assessee Of Having Earned Agricultural Income At Rs.23,36,957/- & The Ld. Cit(A), Nfac Erred In Law & On Facts In Confirming The Action Of The Ld. Ao Treating The Same As Bogus Without Making Any Verification In The Facts & Circumstances Of The Case.

For Appellant: Shri S.C. Garg, CAFor Respondent: Shri Om Parkash, Sr. DR
Section 10(1)Section 143(2)Section 2Section 234ASection 44A

following grounds of appeal :- “1. The Ld. AO erred in law and on facts in disallowing the claim of the assessee of having earned agricultural income at Rs.23,36,957/- and the Ld. CIT(A), NFAC erred in law and on facts in confirming the action ... case. 5. Without prejudice to the above, The Ld. AO was not justified in law and on facts in disallowing whole of the agricultural income and the Ld. CIT(A), NF AC erred in law and on facts in confirming such action of Ld. AO while the assessee was required

Sunilkumar Narsinhbhai Patel, Sabarkantha vs. The Income Tax Officer, Ward-1, Modasa

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

ITA 1100/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad05 Sept 2024AY 2017-18

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1100/Ahd/2024 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2017-18) िनधा"रण वष" Sunilkumar Narsinhbhai The Income Tax Officer बनाम बनाम/ बनाम बनाम Patel Ward-1, Modasa, Gujarat Vs. Patel Fali, Old Bus Station Road, Vadagam – 383307, Sabarkantha District, Gujarat, 383307 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acxpp2738B (Appellant) .. (Respondent) Shri Chirag Raval, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Rohit Aasudani, Sr. Dr 03/09/2024 Date Of Hearing Date Of Pronouncement 05/09/2024 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, Delhi, (In Short ‘The Cit(A)’), Dated 16.11.2023 For The Assessment Year (A.Y.) 2017-18. 2. There Is A Delay Of 130 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining The Reason For Delay. It

For Respondent: Shri Rohit Aasudani, Sr. DR
Section 143(3)Section 250

brief facts of the case are that the return for A.Y. 2017- 18 was filed on 27.03.2018 declaring total income of Rs. Nil and agriculture income of Rs.23,35,817/-. The case was selected for limited scrutiny for the reason “Large agricultural income shown in ITR and Large cash deposit ... Income Tax Act, 1961 (in short ‘the Act’) on 15.12.2019 at total income of Rs.23,35,817/-, which was in respect of agricultural income not considered genuine by the AO. 4. Aggrieved with the order of the AO, the assessee had filed an appeal before the First Appellate Authority, which

Mothukuri Srinivasa Rao, Vijayawada vs. The Asst.Commissioner of Income Tax, Circle-2(1), Vijayawada

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

ITA 298/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No. 298/Viz/2024 (निर्धररवरध/ Assessment Year: 2016-17) Mothukuri Srinivasa Rao V. The Asst. Cit - Circle-2(1) D.No.54-28/1-48, Flat.No.305 C R Building, 1St Floor Annex Ridge Grandeuer Apartment M G Road, Krishna District Road.No.2, Commercial Taxes Colony Andhra Pradesh - 520002 Auto Nagar, Krishna District Andhra Pradesh - 520007 [Pan : Adppm5568D ] (अपीलार्/ Appellant) (प्र्/ Respondent) करद्त्क्पनतनिनरध/ Assessee Represented By : M.V. Prasad, Ar : Dr. Aparna Villuri, Sr.Ar र्जसक्पनतनिनरध/ Department Represented By सुिव्ईसम्पहोिेकीनतनि/ Date Of Conclusion Of Hearing : 02.09.2024 घोरर्कीत्रीख/Date Of Pronouncement : 05.09.2024 आदेश/O R D E R Per Shri Duvvuru Rl Reddy: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), [Hereinafter In Short “Ld.Cit(A)”]

Section 142(1)Section 143(2)Section 143(3)Section 68

Vaishnavi Commercial Corporation, filed his return of income for the A.Y.2016-17 on 17-10-2016 declaring total income of Rs.39,83,030/- and agricultural income of Rs. 19,14,000/-. Subsequently, the case was selected for limited scrutiny under CASS to examine whether sundry creditors are genuine and whether ... From the details filed by the assessee, the Assessing Officer noticed that assessee has introduced an amount of Rs.19,14,000/- as agricultural income in the new Page No. 2 I.T.A. No. 298/VIZ/2024 Mothukuri Srinivasa Rao capital introduced. Assessing Officer observed that assessee failed to furnish any proof

Sarangabani Kirubakaran, Chennai vs. DCIT, Circle-1(2), Chennai

The appeal stand allowed in terms of our above order

ITA 1237/CHNY/2023[2014-15]Status: DisposedITAT Chennai04 Sept 2024AY 2014-15

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1237/Chny/2023 (िनधा)रण वष) / Assessment Year: 2014-15) Shri Sarangabani Kirubakaran Dcit बनाम/ 17/6, First Pillayar Koil Street, Circle-1(2) Vs. Ekkatuthangal, Chennai-600 032. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bumpk-0892-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. T.V. Muthu Abirami (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 25-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 04-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2014-15 Arises Out Of The Common Order Of Learned Commissioner Of Income Tax (Appeals)-18, Chennai, [Cit(A)] Dated 13-09-2023 In The Matter Of An Assessment Framed By The Ld. Ao U/S.153C R.W.S. 144 Of The Act On 31- 03-2022. The Grievance Of The Assessee Is Confirmation Of Addition U/S 69 For Rs.8.04 Lacs & Rs.5 Lacs. The Assessee Is Also Aggrieved By Computation Of Long-Term Capital Gains (Ltcg) Of Rs.157.45 Lacs. 2. The Ld Ar Advanced Arguments On Merits As Well As On Legal Grounds & Also Raised Additional Grounds Of Appeal. The Ld. Cit-Dr

For Appellant: Ms. T.V. Muthu Abirami (Advocate)-Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. DR
Section 153CSection 69

assessee. However, Ld. AO held that that general classification of land would not prove that the said land was used for agricultural purposes and agricultural income was earned from this land. 3.3 In para-9, Ld. AO observed that the land was situated within 8 Kilometres from Chennai City Corporation ... purpose for which the purchaser would use the land would be immaterial. It is also not necessary that the assessee should have earned agricultural income in earlier years so as to lay claim on this deduction. The receipt of agricultural income is immaterial. The fact that the land is situated