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Section 158BB, read with section 80HHC, of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income, computation of - Assessee claimed deduction under section 80HHC in block assessment made under Chapter XIV-B - Tribunal, when it decided matter on 1-9-1999, relied upon section 158BB as it stood then, and held that assessee was not eligible to claim deduction under section 80HHC on ground that section 80HHC is found only in Chapter VI-A and under section 158BB as it stood then, assessment has to be made only "in accordance with Chapter IV" on basis of result of a search and provisions of Chapter VI-A were excluded for consideration - Whether since section 158BB was amended with retrospective effect from 1-7-1995, undisclosed income for block period should be computed taking into consideration amended provisions and, therefore, the provisions contained in Chapter VI-A of the Act should also be taken into consideration - Held, yes Mrs. Anitha Sumanth for the Appellant. Mrs. Pushya Sitharaman for the Respondent. JUDGMENT N.V. Balasubramanian, J. - This appeal is directed against the order of the Income-tax Appellate Tribunal in I.T. (SS) A. No. 88/Mds. of 1997 dated September 1, 1999. 2. The appeal was admitted and the following substantial questions of law were framed at the time of admission : "1. Whether, on the facts and in the circumstances, the Tribunal is right in holding that the appellant is not eligible for relief under section 80HHC in respect of the income of Rs. 14,35,756 claimed by the appellant as eligible for deduction under section 80HHC ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that in an assessment under Chapter XIVB, relief under section 80HHC cannot be allowed ?" 3. The appellant herein claimed relief under section 80HHC in the block assessment made under Chapter XIV-B of the Act. The Tribunal, when it decided the matter on September 1, 1999, relied upon section 158BB of the Act as it stood then, and held that the assessee was not eligible to claim deduction under section 80HHC on the ground that section 80HHC is found only in Chapter VI-A and under section 158BB of…

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