By the Court.—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 under Section 158BC