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1978 (8) TMI 104 - ITAT BOMBAY-BExtract: .......tion put forth by the assessee was not verified or put to test by the lower authorities. We have already brought out the submissions made by the assessee before out above, there was a good cause for not levying the penalty. At any rate, the A.A.C. should have cancelled the penalty order. We, therefore, cancel the penalty order and allow the appeal.
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