JUDGEMENT
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(1.) This is an application for review of an order dated 1st
July, 2011 passed
by this Bench in I.T.A. No.218 of 2001 by which this Bench disposed of an appeal
under Section 260A of the Income-tax Act filed by the assessee against an order
dated March 30, 2001 passed by the Income-tax Appellate Tribunal in Income-
tax Appeal bearing IT (SS) A No.69/(Cal) of 1997 for the block-period between
April 1, 1985 and February 12, 1996.
(2.) The main point involved in the aforesaid appeal was whether the addition
of Rs.39,78,315/- and a further sum of Rs.20 lac based on alleged bogus
purchase could be made in block assessment notwithstanding the fact that those
findings were based on no material recovered from search and seizure.
This Court held that the aforesaid findings were not based on any
material unearthed on search and seizure and thus, was not liable to be assessed
on the block assessment under Chapter XIVB of the Income-tax Act but should
be subject to regular assessment.
(3.) We arrived at the aforesaid findings while answering the first question
which is quoted below:
"i) Whether sum of Rs.39,78,315/- and Rs.20.00 lakh reflected in
the regular books of account relating to the assessment years
1993-94 and 1996-97 could form subject matter of the block
assessment.";
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