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2011 (7) TMI 543 - MADRAS HIGH COURTBlock assessment - Whether Tribunal was right in setting aside the block assessment without verifying whether the assessee was a partner during the block assessment period from 1.4.1984 to 23.1.1996 - Held that:- As the Tribunal found that there was no search warrant in the case of the assessee & that there was a search under Section 132 of the Income Tax Act only as regards the premises of M.H.Jewellers, Tirunelveli - Since, at the material point of time, the assessee was not at all a partner in the firm, the block assessment made was not sustainable and that the income for 1995-96 should have been taken up under the normal assessment procedure - It is clear that there was no search warrant on the assessee to conclude that the case would fall under Section 158BC of the Income Tax Act. If the case has to come under Section 158BD then in respect of the search conducted in the premises of M/s.M.H.Jewellers, the materials recovered ought to have been handed over to the territorial Officer having jurisdiction over the assessee for considering any undisclosed income in accordance with Section 158 BC - Decided against the revenue.
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