Itxa/4015/2009 Of The Commissioner Of Income Tax -8 Mumbai v. M/S. Monsanto India Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.633 OF 2010 WITHINCOME TAX APPEAL NO.4074 OF 2009 WITHINCOME TAX APPEAL NO.3481 OF 2009 WITHINCOME TAX APPEAL NO.607 OF 2010 WITH INCOME TAX APPEAL NO.609 OF 2010 WITH INCOME TAX APPEAL NO.605 OF 2010 WITH INCOME TAX APPEAL NO.606 OF 2010 WITH INCOME TAX APPEAL NO.603 OF 2010 WITHINCOME TAX APPEAL NO.1526 OF 2009 WITHINCOME TAX APPEAL NO.3834 OF 2009 WITHINCOME TAX APPEAL NO.4015 OF 2009 The Commissioner of Income Tax-VIII. Mumbai ..Appellant. V/s. M/s. Monsanto India Ltd.(As successor Monsanto Tech. Inds. Ltd.) ..Respondent. Mr. Suresh Kumar for the appellant. Mr. Prakash Shah with Jas Sanghvi i/b. PDS Legal for the respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATED : 5TH AUGUST, 2011 P.C. :- 1.In all these appeals, the agricultural losses / profits claimed by the assessee were disallowed by the assessing officer on the ground that the agricultural lands did not belong to the assessee. Challenging the aforesaid order, the assessee filed appeals before the CIT(A), who allowed the claim of the assessee. 2.On further appeals filed by the revenue, the ITAT confirmed the order passed by the CIT(A). Challenging the aforesaid order, the revenue has filed these appeals. 3.Perusal of the order of the ITAT shows that the Tribunal has confirmed the order of CIT(A) by recording finding of fact that the assessee in fact carried on agricultural operations and that the orders passed to that effect in assessment years 1990-91 to 1992-93 have been accepted by the revenue. For earning agricultural income, it is not necessary that the assessee must own the land and it is enough if it is established that the agricultural operations have been actually carried on by the assessee. In view of the finding of fact recorded by the ITAT that even in the past the assessee has been carrying agricultural operations, in the absence of any material to the contrary, the decision of the ITAT cannot be faulted. 4.In the result, we see no merit in all these appeals and the same are hereby dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)