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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

Ashok Chandrabhan Khandave, Nashik vs. ITO, Ward 3(1), Nashik

In the result the appeal filed by the Assessee is allowed

ITA 856/PUN/2024[2017-18]Status: DisposedITAT Pune28 Jun 2024AY 2017-18

Bench: Ms. Astha Chandra & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.856/Pun/2024 िनधा"रण वष" / Assessment Year:2017-18 Ashok Chandrabhan V The Income Tax Officer, Khandave, S Ward-3(1), Nashik. At Post Village Pimpalnare, Dindori, Nashik, Maharashtra – 422004. Panl: Daqpk6919D Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Ganesh Budruk – Dr Date Of Hearing 24/06/2024 Date Of Pronouncement 28/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], U/Sec.250 Of The Act Dated 23.02.2024.The Assessee Has Raised Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Confirming The Addition Of Rs.9,06,000Out Of The Total Addition Of Rs. 10,06,000 Made By The A.O. Towards Alleged Unexplained Cash Deposits In Bank Account During Demonetization Period Without Appreciating That The Said Cash Deposits Ashok Chandrabhan Khandave [A]

Section 250Section 68

unexplained cash deposits in bank account during demonetization period without appreciating that the said cash deposits Ashok Chandrabhan Khandave [A] were sourced out of agricultural income earned by the appellant and hence, the above addition made by the A.O. was not justified on facts and in law. 2. The learned ... residing in rural area, owning around 11.50 acres of agricultural land under cultivation and the assessee had furnished documentary evidences in support of the agricultural income earned by him and hence, the above addition made by the A.O. was not justified on facts of the case