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2008 (4) TMI 306 - KERALA HIGH COURTWhether on an interpretation of clause (d) of S. 158BB(1) the Tribunal is right in holding that AO is not justified in including in the block assessment the sum as the undisclosed income for A.Y. 1995-96– time extended to file return for a particular year - In the absence of any finding by AO in the block assessment or by the Tribunal that the assessee has not entered the income returned for the year 1995-96 in the books of account or the transactions pertaining to the same in the books of account at least on the date of search and since the assessment is based on income returned, we have to assume that the assessee filed the return based on the books of account only – that year’s income to be included in block assessment - question is answered in favour of assessee
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