2009 (11) TMI 524

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..... cancelling block assessment completed against the respondent-assessee for the period from April 1, 1989, to September 17, 1998, pursuant to search made on September 17, 1998, and September 30, 1998. Search was conducted not only in the premises of the respondent-assessee but also in the premises of purchaser of a two storeyed building from the respondent-assessee. The assessment is based on docum .....

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..... oes not contain sufficient materials to make assessment against the assessee. However, we find from the order of the assessing authority and that of the first appellate authority that block assessment against the assessee is not made solely on the basis of annexure E docu-ment seized from her. On the other hand, the accounts seized from the purchaser, the valuation of property, and other materials .....

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..... ne single document, but several other corroborative materials allegedly seized from the pur-chaser. Above all, the sworn statements recorded under section 132(4) con-stitute evidence for the purpose of assessment. Since the Tribunal has not exercised jurisdiction properly, we allow the appeal by setting aside the order of the Tribunal and remand the matter back to the Tribunal to call for records .....

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