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2001 (10) TMI 18 - RAJASTHAN HIGH COURTQuestions arise out of the block assessment made in the case of the assessee under section 158BC of the Income-tax Act, 1961, which is a special procedure provided for the assessment in search cases - In our opinion, the following two questions of law arise out of the Tribunal's order, which govern the entire controversy: "1. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the legal fictions created under various provisions of the Act, specifically provided under section 158BB(2) are not applicable when assessment is made as block assessment under section 158B; if so, what is its effect on various deletions made by the Tribunal? (2) Whether on the facts and circumstances of the case, the Tribunal was justified in holding that once the assessment has been made in the status of an association of persons constituting certain persons, a firm constituted of the same persons cannot be assessed as an independent unit?" - The Tribunal's order rejecting the application under section 256(1) is, therefore, erroneous. - Accordingly, this application is allowed and we direct the Tribunal to state the case and refer the aforesaid two questions to this court for its opinion.
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