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2005 (9) TMI 530 - AT - Income TaxExtract: .......nalty was leviable. We hold accordingly. The grievance of the assessee is, hence, justified and is accepted. 13. An application for additional evidence has been filed by the assessee, which, in the presence of the above discussion, need not be adjudicated upon. It is rejected as such. 14. In the result, both the appeals of the assessee are allowed.
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