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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

Tarun Santramdas Varma, Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

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

ITA 852/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.852/Ahd/2023 "नधा"रण वष" /Assessment Year : 2015-16 Tarun Santramdas Varma The Asst.Cit बनाम/ 307-308, Sarthik Square Circle 4 (1)(1) Nr. New Us Pizz, Ahmedabad V/S. Sg Highway Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan: Aaipv 6427 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Preferred By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Hereinafter Referred To As “The Ld.Cit(A)”), National Faceless Appeal Centre (Nfac), Delhi, Dated 29-8-2023 Pertaining To The Assessment Year (Ay) 2015-16, Arising From The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As Tarun Satramdas Varma Vs. Acit Asst. Year : 2015-16

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 68

declaring a total income of Rs.3,30,16,670/- under the heads of salary, house property, capital gain, other sources, and agricultural income. As the assessee was not carrying on any business, no books of accounts were maintained. 2.1. The assessee’s case was selected for limited scrutiny ... prove the source of cash deposited and explained the nature of the transactions to the Assessing Officer (AO). The cash deposits were primarily from agricultural income receipts and amounts received as advance per the Memorandum of Understanding (MOU) entered with various persons who are agriculturists in the area

Sri. A. S. Srinath (HUF), Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivamogga

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

ITA 228/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeya.S. Srinath (Huf) The Income Tax Officer No. 1, Mallikarjuna Nilaya Ward 1 & Tps 1St Cross, Hosamane Jail Road Vs. No.75, 100 Feet Road Shivamogga 577201 Gopal Gowda Exten. Pan – Aamha9965J Shivamoga 577201 (Appellant) (Respondent) Assessee By: Shri Rajeev C. Nulvi, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 10.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Dated 09.01.2024 Vide Din & Order No. Itba/Nfac/250/2023-24/1059510032(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Of The Authorities Below Is Against The Facts Of The Case & Passed On Assuming The Facts Which Are Unrealistic. 2. On The Facts & Circumstances Of The Case & In The Provisions Of The Law, The Assessing Officer Erred In Estimating The Agricultural Expenditure At A Certain Percentage Of Agricultural Income Is Against The Fact, As The Increase In The Gross Receipts May Be For Various Reasons, Which Are Not Dependent On Agricultural Expenditure.

For Appellant: Shri Rajeev C. Nulvi, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 139(4)Section 143(3)Section 250

case, and in the provisions of the law, the Assessing Officer erred in estimating the agricultural expenditure at a certain percentage of agricultural income is against the fact, as the increase in the gross receipts may be for various reasons, which are not dependent on agricultural expenditure. 2 A.S. Srinath ... sources as against the fact that in records of the department, there is no information that the Appellant is having income other than the agricultural income for deeming the income from other sources. 6. For these and other reasons which may be adduced at the time of the hearing, this

M/S. Labland Private Limited, Mysuru vs. Income Tax Officer, Ward-1(1), Mysuru

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

ITA 608/BANG/2024[2017-18]Status: DisposedITAT Bangalore09 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeylabland Biotechs Pvt. Ltd. The Income Tax Officer #01, 8Th Km, Krs Road Ward - 1(1), Mysuru Vs. Metagalli, Mysuru 570016 Pan – Aaacl2892A (Appellant) (Respondent) Assessee By: Shri V. Srinivasan, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 09.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1062548837(1) Dated 13.03.2024 Passed By The National Faceless Appeal Centre, Delhi (Cit(A)) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income Tax [Appeals] / National Faceless Appeal Centre [Nfac For Short] Is Not Justified In Confirming The Assessment Of A Sum Of Rs.87,39,282/- As Income From Other Sources Under The Facts & In The Circumstances Of The Appellant'S Case. 2.1 The Learned Cit[A]/Nfac Failed To Appreciate That The Income Derived By The Appellant Is From Agriculture Operations, Which Is Exempt U/S.10[1] Of The Act Read With Explanation Of Section 2[1] Of The Act & Consequently, The Learned Cit[A]/Nfac

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 10Section 10(1)Section 142(1)Section 143(2)Section 143(3)Section 2Section 234ASection 250

income on 24.11.2017 declaring total income at Nil with a claim for credit for TDS amounting to Rs.10,788/- and claimed exemption of Agricultural Income to the extent of Rs.87,39,282/-. The assessee company claimed the sale of plants and seeds are in the nature of agricultural income ... accounts and the same were audited by a Chartered Accountant. The AO has 5 Labland Biotechs Pvt. Ltd. also accepted the source of agricultural income in the past and also brought to our attention to pages 31 to 38 of the paper book wherein the copy of the order

G. Elumalai, Vellore vs. DCIT, Cengtral Circle-3(4), Chennai

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

ITA 1591/CHNY/2023[2021-21]Status: DisposedITAT Chennai05 Jul 2024AY 2021-21

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1591/Chny/2023 िनधा"रण वष" / Assessment Year: 2020-21 The Dy. Commissioner Of G. Elumalai V. Income Tax, 308/66, Bajani Koil Street, Central Circle -3(4), Alamelurangapuram, Chennai-34. Puduvasur, Vellore – 632 009. [Pan: Aaxpe-9401-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. M. Karunakaran, Advocate ""यथ" क" ओर से/Respondent By : Shri. V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 05.07.2024 आदेश /O R D E R

For Appellant: Shri. M. Karunakaran, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 131Section 132ASection 142(1)Section 143(2)Section 153ASection 69A

ld.CIT(A) has erred in not considering the commission of Rs.3 lakhs rental :-5-: ITA. No: 1591/Chny/2023 income of Rs.8,47,500/- and agricultural income of Rs.11,75,000/- as income of the family members to arrive at the cash on hand as on 13.07.2019, which totals to Rs.23 ... Agricultural income Last year 10,000 3,00,000 2,40,000 3,20,000 8,70,000 Current year 10,000 1,00,000 75,000 1,20,000 3,05,000 Cost