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In the result, both the appeals filed by the assessee stands allowed
Bench: Shri. Chandra Poojari & Smt. Beena Pillai
68 / 69 of the IT Act, 1961 4. Without prejudice to the above there is no justification to assess the income from business declared by the appellant invoking section 115BBE of the IT Act, 1961. 5. The learned Principal Commissioner of Income Tax ought to have found that the income declared pursuant .to survey conducted in the appellant's premises