9911796707
TMI Blog2010 (11) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... such material - Held that: the reliance placed upon any other material, which did not form part of such search material based on the search conducted under section 132 of the Act, of the assessee's premises on 21-3-1996, can form the basis for making the block assessment - Decided in favor of the assessee - 782 OF 2010 - - - Dated:- 15-11-2010 - F.M. IBRAHIM KALIFULLA, N. KIRUBAKARAN, JJ. K. Subramaniam for the Appellant. V.D. Gopal for the Respondent. JUDGMENT F.M. Ibrahim Kalifulla, J. The substantial questions of law raised in this appeal are as under : "1. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in quashing the block assessment made under section 158BC read w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... response from the assessee, a notice under section 142(1) of the Act, was issued to the assessee requiring him to furnish the block return positively by 20-7-1998. A penalty notice was also subsequently issued and thereafter, a proposal was sent to the assessee for completion of the block assessment ex parte by proceedings dated 22-10-1998 along with a notice under section 142(1) of the Act. The assessee was required to produce the supporting evidence in respect of the investments specified in the proposal sent on 22-10-1998 and such production was directed to be made by 5-11-1998. Even to that proposal, there was no response from the assessee. 4. A summons was issued for his appearance on 19-11-1998. On 19-11-1998, for the first time, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rials, but were based on the statement of one T. Sivaprabhaskar. The Tribunal also noted that in the acknowledgement enclosed with the letter of ITO, Ward-III(1), Trichy dated 14-11-2006, there was no mention about any seized material except the sworn statement of the said T. Sivaprabhaskar dated 3-4-1996 and that of the assessee dated 21-3-1996. 9. It is well-settled that in order to cast a liability by way of an order of block assessment under Chapter XIV-B, the period comprising previous years relevant to ten assessment years preceding a previous year in which the search was conducted under section 132 of the Act, such assessment can be made on the basis of evidence found as a result of the search and such other material or information ..... X X X X Extracts X X X X X X X X Extracts X X X X
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