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1997 (10) TMI 148 - CEGAT, MUMBAIExtract: .......appellants plea regarding the correctness of the opening balance in their RG 23A Part II as on 1-5-1994 may be considered on merits by the Commissioner. 35. emsp Consequent upon the above decision on the merits of the case, and as the records show that no mala fides can be attributed to the appellants in this case, the penalty on them is set aside.
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