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2009 (4) TMI 545 - AT - Income TaxExtract: ....... facts are identical to the case decided above and as per above discussion we are of the considered view that penalty under section 271(1)(c) is not leviable. Therefore, same are cancelled. 16. In the result appeals of the assessee in ITA Nos. 3210/M/07 6396/M/08 and 6395/M/08 are allowed and appeal of the revenue in ITA No. 3638/M/07 is dismissed.
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