Nuziveedu Seeds Ltd. v. DCIT (2022) 196 ITD 53 / 219 TTJ 1 (Hyd.)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Farming genetically modified seeds in lands leased from farmers-Additional evidence filed by Revenue based on Search proceedings-Matter remanded. [S. 2(IA), 10(1), 132, 153A, ITAT R. 29]

Assessee-company was engaged in business of research, production and sale of agricultural seeds.  Assessee claimed exemption under section 10(1).  Assessing Officer held that assessee-company entered into an agreement with farmers, wherein assessee-company with co-operation of farmers produced hybrid seeds by supplying foundation seeds and other agricultural input to farmers hence  denied claim on ground that assessee-company was neither cultivating seeds nor deriving income from agriculture. CIT (A)  allowed the claim. On appeal the Tribunal held that proving of agricultural activities by assessee after taking land on lease was sine qua non for claiming benefit under section 10A and documents seized during search proved otherwise, thus, additional facts filed by revenue were required to be admitted.  Documents/evidences recorded during course of search under section 132 had bearing on outcome of case, such documents/evidences could not be rejected merely on ground that same were subject matter of proceedings under section 153A. Matter was to be remanded to Assessing Officer,matter remanded.  (AY. 2012-13, 2013-14)