Shri Sant Sadhu Singh, Hoshiarpur vs Income Tax Officer,Ward-4, Hoshiarpur on 29 July, 2019
3. It would be relevant to state the background facts of the case. The assessee
filed his return for the relevant year on 31.3.2010, declaring an income of
2 ITA No. 763/Asr/2017 (AY 2009-10)
Sant Sadhu Singh v. ITO
Rs.21,72,090, i.e., besides agricultural income at Rs.9.50 lacs. The return was
processed as such u/s. 143(1) of the Act. Enquiries with the assessee u/s. 133(6) in
respect of cash deposits (at an aggregate of Rs.25,79,929) during the relevant year
in his savings bank account with State Bank of Patiala (SBP), Mahilpur, District
Hoshiarpur, eliciting no response, proceedings u/s. 147 were initiated by the issue
of notice u/s. 148 on 03.02.2016 upon observing the procedural requirements. The
assessee filed a return on 06.10.2016 enhancing the agricultural income to
Rs.19.50 lacs, i.e., up from Rs.9.50 lacs, while retaining the other income, being by
way of bank interest, etc. at Rs.21.72 lacs. The returning of the agricultural income
at Rs.9.50 lacs vide the original return was claimed to be by way of a mistake. In
support, the assessee filed Khasra Girdavaris of the agricultural lands (at various
places) for a total of 56 acres and odd, claiming Rs.36,000/- to be the going annual
rent per acre. Even as the lands were self-cultivated, the said rent, it was submitted,
would give a fair idea of the agricultural income that would stand to be generated.
The assessee has, in addition, sold Eucalyptus trees during the relevant year. The
same was not accepted in the absence of any proof as to the sale of crops, which, as
per the Khasra Girdavaris, were for wheat, maize, and sugarcane. The sale of
Eucalyptus trees was also sans any material. The assessee's agricultural income for
the two immediately preceding, and the two immediately succeeding, years, was at
Rs.9.50 lacs each. Regarding the assessee's agricultural income for the year at the
originally returned sum of Rs.9.50 lacs, an addition for Rs.10 lacs toward
unexplained cash deposit/s in his bank account was made by deeming it as
unexplained income, assessing thus the total income at Rs.31,72,090, i.e., besides
agricultural income at Rs.9.50 lacs. The same being confirmed, and on the same
basis, the assessee is in second appeal.