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TMI Blog2017 (3) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... t cannot be sustained, it is set aside. Accordingly, the substantial questions of law raised in the memo of appeal are answered in favour of the revenue and against the assessee. Assessee, however, points out that the Tribunal has not adjudicated the issue on merits in the appeal filed by the assessee.The matter is remitted to the Tribunal to adjudicate the assessee's appeal on merits and in accordance with law as expeditiously, as possible. - Income Tax Appeal No. 204 of 2010 - - - Dated:- 24-3-2017 - Hon'ble Bharati Sapru And Hon'ble Saumitra Dayal Singh, JJ. For Appellant : (Ssc-It),Gaurav Mahajan For Respondent : R.R. Agarwal,S. Agarwal ORDER Heard Sri Gaurav Mahajan, learned Counsel for the department a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... co India and M/s. Jagannath Dudhadhar, Aligarh on 30th April, 1998 in consequence of which a search carried out in the case of those assessees and a locker key was seized on 07.10.1998. The said locker was operated jointly by the assessee and his wife Smt. Renu Jain. Consequently, on 14.10.1998 a second authorization was issued in the case of the assessee by the Deputy Director of Income Tax (Investigation) New Delhi. Pursuant to which a search was carried out on 9th November, 1998. It is in respect of the aforesaid second authorization that the Tribunal has returned the finding, which is quoted hereunder:- ....Warrant of authorization dated 14.10.908 issued by Dy. Director of Income Tax (Investigation) New Delhi was in the name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .10.1998 that is well after the amendment. We are, therefore, of the opinion that the Deputy Director of Income Tax (Investigation), New Delhi was competent to authorize the search on 14.10.1998 in view of the amendment made on 01.10.1998 by Finance No.(2) Act of 2009 with retrospective effect. In view of the above, the finding of the Tribunal is clearly based on misreading of the amendment and it cannot be sustained, it is set aside. Accordingly, the substantial questions of law raised in the memo of appeal are answered in favour of the revenue and against the assessee. Sri Suyash Agarwal, learned Counsel for the assessee, however, points out that the Tribunal has not adjudicated the issue on merits in the appeal filed by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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