TMI Blog2013 (10) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ture income is income from other sources has been negated up to this Court for the assessment years 2001-2002 and 2003-04 – Decided in favor of Assessee. - WRIT TAX No. - 1805 of 2007 - - - Dated:- 14-2-2013 - PRAKASH KRISHNA AND Ram Surat Ram (Maurya), JJ. For the Appellant : Rakesh Ranjan Agrawal and Suyash Agarwal. For the Respondent : Ashok Kumar and Bharat Ji Agarwal. ORDER:- The petitioner as an individual filed his income tax return for the assessment year 2000-2001 with the Income Tax Officer, Kanpur showing the agriculture income also. Similarly, he also filed the income tax return for the subsequent Assessment Year 2002-2003. The return was finalized under section 143(1) of the Income Tax Act. Subsequently, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income from other sources. In the A.Y. 2000-01, assessee has also shown agriculture income of Rs.11,99,000/-, the modus-operandi of the assessee is same i.e. assessee has shown his income from other sources in guise of agriculture income. I have, therefore, reason to believe that the income of Rs. 11,99,000/- shown as agriculture income is to be taxed as income from other sources. Therefore, income amounting to Rs. 11,99,000/- has escaped assessment to tax, within the meaning of Sec. 147 of the Income Tax Act, 1961. Vide return of income submitted on 16.03.2001, you have declared income from agriculture at Rs. 11,99,000/- but has not submitted any documentary evidence for the said income. Your are, therefore, requested to submit Profi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned counsel for the department could not dispute that the assessee had no agriculture income. The department's version that the returned agriculture income is income from other sources has been negated up to this Court for the assessment years 2001-2002 and 2003-04. In this view of the matter, we are of the opinion that the reason assigned for initiating the reassessment proceeding is non-est and no useful purpose is going to be served by permitting the Assessing Officer to proceed further in the matter as the very basis has gone. At this stage, Sri Ashok Kumar, learned counsel appearing for the department, prayed for time to verify as to whether against the decisions of this Court, the department has preferred any appeal before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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