- (1.) The present income tax appeal under Section 260-A of the Income Tax Act, 1961 has been filed by the revenue against the order dated 31.8.2009 passed by the Income Tax Appellate Tribunal, Agra Bench, Agra.
(2.) The appeal arises from the block assessment proceedings in the case of the assessee, a medical doctor, for the block period 1.4.1997 to 24.4.2003.
(3.) The above appeal was admitted on the following four questions of law:- "1. Whether on the facts and circumstances of the case the Hon'ble ITAT has erred in law in holding that undisclosed income in the form of cash & jewellery found & seized from various bank lockers be consider in the hands of the wife & sons of the assessee only because they owned it up when it was established that they had no known source to have accumulated so much of cash and jewellery whereas the assessee had huge undisclosed professional income.? 2. Whether on the facts and circumstances of the case the Hon'ble ITAT has erred in law in ignoring the fact that the Assessing Officer had initiated the proceedings u/s 158BC to conduct enquiry as to whether the alleged owner had the capacity to accumulate so much of undisclosed income but they did not cooperate despite the fact that Hon'ble High Court had given specific direction while admitting their writ petition that the asstt. proceedings will continue without passing the final order? 3. Whether on the facts and circumstances of the case the Hon'ble ITAT was justified in law in deleting the addition of Rs. 8,44,294/- on account of cash found from the lockers by accepting the availability Judicial member & the CIT(A) that the cash book was an after thought as no cash book was found either during the course of search or, from the possession of counsel / accountant as claimed by the assessee during search and the cash book produced subsequently was not even supported by vouchers? 4. Whether on the facts and circumstances of the case the Hon'ble ITAT was justified in law in deleting the addition of Rs. 7,80,000/- on account of alleged agriculture income of HUF without appreciating the admitted fact that no evidence could be produced at any stage to establish that agricultural operation was actually carried on either directly or indirectly?;