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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

Shri Kadu Satwaji Gaikwad, Aurangabad vs. ITO, Ward-1(4), Aurangabad

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

ITA 846/PUN/2024[2011-12]Status: DisposedITAT Pune24 Jun 2024AY 2011-12

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.846/Pun/2024 िनधा"रण वष" / Assessment Year : 2011-12 Shri Kadu Satwaji Gaikwad, Vs. Ito, Ward-1(4), Ns 1/14, 11Th Scheme, Near Aurangabad. Foster B. Ed College, Shivaji Nagar, Aurangabad- 431001. Pan : Ailpg9644D Appellant Respondent Assessee By : None Revenue By : Shri Rajesh Gawali Date Of Hearing : 18.06.2024 Date Of Pronouncement : 24.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.02.2024 Passed By Ld Addl./Jcit(A), Agra For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Appeal Addl/Jict(A)Agra Erred In Confirming The Addition Of Rs 10,40,000/— Without Considering The Material On Record Available In The First Appeal Proceeding. The Appeal Has Been Wrongly Dismissed, Which Is Not Justifiable & Is Liable To Be Set Aside By The Kind Of Interference Of This Hon’Ble Appellate Authority.

For Appellant: NoneFor Respondent: Shri Rajesh Gawali
Section 142(1)Section 143(3)Section 148

time of the final hearing.” 3. The facts, in brief, are that the assessee is an individual earned income from salary and agricultural income. On the basis of information that the assessee had deposited Rs.10,40,000/- in his savings bank account, notice

Kanji Ganesh Patel HUF, Mumbai vs. Income Tax Officer, WD-22(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 1186/MUM/2024[2014-15]Status: DisposedITAT Mumbai24 Jun 2024AY 2014-15

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 1186/Mum/2024 (A.Y. 2014-15) Kanji Ganesh Patel Huf Vs. Ito, Ward 22(2)(1) 1905 Building No. 3 Piramal Chamber Raheja Classique Lalbaug, Parel Oshiwara, New Link Road, Mumbai-400 012. Andheri West Mumbai-400 053. Pan : Aaghk3564D (Appellant) (Respondent) Assessee By Shri Prakash G. Jhunjhunwala Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 24.06.2024 O R D E R Per Prashant Maharishi 1. This Appeal Is Filed By Kanji Ganesh Patel Huf (Assessee/Appellant) Against Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) For Assessment Year 2014 – 15 Dated 16/1/2024 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) By The Deputy Commissioner Of Income Tax 22 (2) (1), Mumbai (The Learned Ao) Was Dismissed. 2. The Assessee Is Aggrieved With The Same & Has Preferred Appeal Raising Solitary Ground About Addition Under Section 68 Of The Income Tax Act Wherein The Exemption Under Section 10 (1) Of Agricultural Income Was Denied To The Assessee Of Rs. 2,748,802/–. 3. The Brief Fact Of The Case Shows That Assessee Is An Huf Filed Its Return Of Income On 31/7/2014 At A Total Income Of Rs. 321,608/- In The Return Of Income Assessee Has Claimed Exemption Under Section 10 Page 1 Of 5

Section 10Section 143Section 68

preferred appeal raising solitary ground about addition under section 68 of the income tax act wherein the exemption under section 10 (1) of agricultural income was denied to the assessee of Rs. 2,748,802/–. 3. The brief fact of the case shows that assessee is an HUF filed ... section 10 Page 1 of 5 Kanji Ganesh Patel HUF A Y 2014-15 ITA number 1186/MM/2024 (1) of Rs. 2,748,802/– of agricultural income. The assessee was asked to support the claim of exemption. Assessee submitted that it is having agricultural income from sale of crops which include

Mohammed Iqbal Mulla, Mumbai vs. The Income Tax Officer 11(1)(1), Aaykar Bhawan, Mumbai

In the result all the grounds of appeal are allowed with above direction

ITA 4808/MUM/2023[2016-17]Status: DisposedITAT Mumbai24 Jun 2024AY 2016-17

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4808/Mum/2023 (A.Y. 2016-17) Mohammed Iqbal Mulla Vs. Ito-11(1)(1) 601/701, Atlantis, Seven Aayakar Bhavan Bungalow, Andheri West M.K. Road Maharashtra-400 061. Churchgate Mumbai-400 020. Pan : Aaepm2197E (Appellant) (Respondent) Assessee By Shri Rishab Jain Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By Mr. Mohammad Iqbal Mulla, ( The Assessee Appellant) Against The Appellate Order Passed By National Faceless Appeal Centre, Delhi (The Learned Cit – A) For Assessment Year 2016 – 17 On 30/10/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) Dated 27/12/2018 Passed By The Income Tax Ofc, Ward – 11 (1) (2), Mumbai (The Learned Ao) Wherein The Total Income Of The Assessee Was Assessed At Rs. 1,655,770/– On Account Of Addition Of Salary Income, Unsecured Loan Under Section 68, Advanced Against Sale Of Agricultural Land Under Section 68 & Agricultural Income , Total Addition Amounting To Rs. 5,401,802/–, Was Dismissed. 2. Therefore, The Assessee Is Aggrieved With The Appellate Order & Has Preferred To Appeal Raising Grounds Against All The Additions Confirmed. 3. Brief Facts Of The Case Show That The Assessee Is An Individual & Director In Cities In World Travels Private Limited & Messes Present Page 1 Of 6

Section 143Section 68

account of addition of salary income, unsecured loan under section 68, advanced against sale of agricultural land under section 68 and agricultural income , total addition amounting to Rs. 5,401,802/–, was dismissed. 2. Therefore, the assessee is aggrieved with the appellate order and has preferred to appeal raising grounds ... however assessee did not furnish any information and therefore the addition was made under section 68 of the act. Similarly, the assessee has shown agricultural income of Rs. 900,228/–. Assessee was asked to justify the same however assessee merely submitted form 7/12 and further claimed that income shown agricultural