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2007 (11) TMI 697

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..... .H. Datar M.V.V. Ramana, Advocates. JUDGMENT Per : Justice K.L. Manjunath, J. This appeal is by the revenue raising the following substantial questions of law: 1) Whether the Tribunal was correct in holding that the Assessing Officer had no jurisdiction to pass assessment in respect of block period 1986-87 to 1996-97 despite the materials having been seized in the search condu .....

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..... ion 158 BD of the Income Tax Act was issued on 15-10-96 calling upon the assessee to file the return of income in Form No. 2B for the block period 86-87 to 96-97. In response to the same, the assessee filed the return for the block period on 20.12.96 declaring the undisclosed income as nil. Thereafter after giving an opportunity the order was passed calling upon the assessee that it was noticed by .....

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..... rom 1-7-1995. Since the Tribunal has passed the order before the Finance Act, 2002 has come into force, he requests this Court to allow the appeal and remand the matter to the Tribunal to re-examine the issue based on the amended provision of the Income Tax Act. 5. Having heard the counsel for the parties, we notice that the Tribunal has disposed of the appeal of the assessee prior to the Finan .....

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