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TMI Blog2011 (11) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) with retrospective effect from 01.10.1998 whereby the Joint Director has also been empowered to issue warrants of authorization - Therefore held that impugned order be set aside - revenue’s appeal before the Tribunal gets revived and so does the assessee’s appeal - Appeal stands disposed off. - ITA 1115/2008 & 1228/2011 - - - Dated:- 22-11-2011 - MR. JUSTICE BADAR DURREZ AHMED MS. JUSTICE V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee and revenue being I.T (SS) A. No. 58/Del/2005 and I.T (SS) A. No. 125/Del/2005, respectively, before the said Tribunal. 3. In the assessee s appeal before the Tribunal one of the points taken was that the warrant of authorization had been issued by the Joint Director of Income Tax (Investigation), who was not authorized to issue a search warrant and, therefore, the assessment made in cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the revenue now points out before this court that by virtue of The Finance (No.2) Act, 2009, an amendment has been introduced in section 132 (1) with retrospective effect from 01.10.1998 whereby the Joint Director has also been empowered to issue warrants of authorization. In view of this amendment, the impugned order is liable to be set aside and the matter is to be remitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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