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2010 (2) TMI 993 - AT - Income TaxExtract: .......s of income. Hence, in the absence of such clear finding, in view of the law laid down by the jurisdictional High Court in the case of New Sorathia Engineering Co. v. CIT 2006 282 ITR 642 (Guj), penalty is not sustainable. In the result, the appeal of the assessee is allowed. The order signed, dated and pronounced in the court on February 12, 2010.
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