TMI Blog2003 (3) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee by filing the return of the income?" - In the instant case, the search under section 132 was conducted on November 22, 1995, that is after the retrospective amendment of sub-clause (B) of clause (c) of sub-section (1) of section 158BB, and consequently, we do not find any illegality in the conclusion reached by the Tribunal. We accordingly answer the question referred in the affirmative, that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s served on the respondent-assessee, there is no appearance. Today, when the matter came up for hearing, learned Central Government standing counsel appearing for the applicant, submits that the question referred is covered by the decision of this court in CIT v. M.M. George [2002] 254 ITR 45, in favour of the Revenue. Standing counsel, however, submitted that the effect of the said judgment ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve amendment of sub-clause (B) of clause (c) of sub-section (1) of section 158BB of the Act, and consequently, we do not find any illegality in the conclusion reached by the Tribunal. We accordingly answer the question referred in the affirmative, that is, in favour of the assessee and against the Revenue. A copy of this judgment under the seal of this court and the signature of the Registrar s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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