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2010 (11) TMI 597 - HC - Income TaxBlock assessment - Search and seizure - 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 - A perusal of the order of the assessing authority discloses that there was no such evidence, which was available and unearthed in the course of the search held on 21-3-1996 or such information, which was relatable to such evidence found in 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
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