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12 ITA Nos. 953 to 958 &960/DEL/2011
(Asst. Years: 2001-02,02-03,03-04,04-05,05-06,06-07 &07-08)
The above contentions of the assessee were considered and
examined and it was found that the same are neither factually
correct nor legally tenable.
Firstly, perusal of assessment record of the assessee shows
that the issue of agriculture income was never raised by the
assessing officer during the course of assessment proceedings. The
assessee in his reply dated 24/11/2008 has given submission on the
cash of Rs.1,50,000/- and Rs.2,00,000/- deposited in the bank
account, by the him and his wife respectively on 05/10/2006. In this
reply, the assessee has filed a statement, which is mentioned as "A
cash flow statement of Mr. K. Bakkaiah / Mr. K. Yelleshwar."
However, this statement is neither signed by Mr. K. Bakkaiah nor
Mr. K. Yeslleshwar. Even the assessee himself or his counsel have
not signed this statement. Since the statement was unsigned, it had
no legal value. Even otherwise, the payment received by the
assessee from his father or brother, under no provisions of the
Income Tax Act, can be considered as agriculture income of the
assessee. As the assessee is neither owning any agriculture land,
nor is himself a cultivator, none of the receipts of the assessee can
be regarded as his agriculture income.