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DELHI HIGH COURT
MADAN B.LOKUR, V.B.GUPTA
Commissioner of Income Tax – Appellant
Versus
Sunita Aggarwal – Respondent


JUDGMENT

1. The Assessee is aggrieved by an order dated 20th October, 2004 passed by the Income Tax Appellate Tribunal, Delhi Bench 'E', New Delhi in ITA (SS) No.321/D/2002 relevant for the block assessment period 1st April, 1986 to 31st March, 1997.

2. It appears that a search and seizure operation was conducted in respect of the premises of the Assessee and some material was allegedly seized on the basis of which the Assessing Officer came to the conclusion that the Assessee had certain undisclosed income. The Assessing Officer took the view that the Assessee was unable to explain the source of the income and, therefore, the amount was added to her income as undisclosed income.

3. When the matter came up before the Tribunal in appeal, the Tribunal recorded that the panchnama reveals that what was seized was the regular books of account of the Assessee. Other than that `There is no other material or document found in the course of search which warranted embarking upon an enquiry by the Assessing Officer in a block assessment.' In other words, it is quite clear that what was seized was only the regular books of account of the Assessee, which were available before the Assessing O

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