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Section 158BB of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income, computation of Assessee was entitled to deduction under section 80-I or section 80-IA in block assessment with reference to total undisclosed income of block period [Block period : 1986-87 to 6-1-1996] [In favour of assessee] CIT v. Suman Paper & Boards Ltd. [2009] 221 CTR (Guj) 781 In view of the amendment of the provisions of section 158BB by the Finance Act, 2002 with retrospective effect from 1-7-1995, the Tribunal was justified in holding that the assessee was entitled to deduction under section 80-I or section 80-IA in block assessment with reference to the total undisclosed income of the block period. M.R. Bhatt and Mrs. Mauna M. Bhatt for the Applicant. JUDGMENT D.A. Mehta, J. : Tribunal, Ahmedabad Bench 'A' has referred only the following question at the instance of applicant Revenue, under s. 256(1) of the IT Act, 1961 (the Act), though the applicant Revenue had suggested as many as eight questions : "Whether on the facts and in the circumstances of the case and proper interpretation of provisions of s. 158BB and Part-II, Part-Ill of the-Form No. 28 for block assessment, the Tribunal was justified in law in holding that the assessee is eligible to deduction under s. 80-I or s. 80-IA with reference to total undisclosed income of the block period ?" 2. The controversy relates to block period commencing from asst. yr. 1986-87 and ending on 6th Jan., 1996. The respondent assessee, a limited company, claimed deduction under ss. 80-I or 80-IA of the Act in relation to the total undisclosed income of the block period. The said claim was rejected by the AO and the matter carried before Tribunal. The Tribunal vide its impugned order dt. 18th May, 1988 [sic-1998] allowed the relief for the reasons recorded in paragraph No. 21 of the impugned order, material portion whereof reads as under : "From the above, it is clear that as per the provisions of s. 158BB(1), the undisclosed income of the block period shall be the aggregate of the total income computed in accordance with the provisions of Chapter IV without giving effect to set off of brought forward losses…

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