Judgment :- Markandey Katju, CJ. This appeal has been filed against the order of the Income-tax Appellate Tribunal dated 13.10.2004. We have heard learned counsel for the parties and have perused the impugned order. 2. A perusal of the impugned order shows that the Tribunal has not given a finding as to whether there was undisclosed income of the assessee for the block period in question. Learned counsel for both parties agreed that for this purpose the matter should be remanded to the Tribunal to give a finding whether there was undisclosed income in terms of Chapter XIV-B of the Income-tax Act, 1961. There can be block assessment only when there is undisclosed income. 3. In the circumstances, we set aside the impugned order of the Tribunal dated 13.10.2004 and remand the matter to the Tribunal for a finding whether there was undisclosed income for the block period or not. If the Tribunal finds that there was no undisclosed income for the block period, then there cannot be any block assessment. However, if the Tribunal holds that there was undisclosed income for the block period, then the impugned order of the Tribunal will stand with liberty to the parties to challenge the said order in appeal on merits or in appropriate proceedings. 4. With the above observation, the Tax Case (Appeal) is disposed off. Consequently, TCMP No.7 of 2005 is closed.