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2003 (7) TMI 14 - RAJASTHAN HIGH COURT"Whether Tribunal was justified in canceling the penalty imposed under section 273(2)(a) notwithstanding the fact that R.A. under section 256(2), before the hon'ble High Court on the quantum issue has been filed and the decision of which is pending?" - When the entire addition has been deleted in the quantum appeal, no reason survives for sustaining the penalty or interfering in the order of the Tribunal. We answer the question in the affirmative, i.e., in favour of the assessee
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