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2007 (9) TMI 656 - HC - Income TaxExtract: .......e to the facts of the case. 11. We make it clear that we have not expressed any opinion on the issue pending before the larger Bench. We have proceeded on the basis that even if that questions were to be answered in the affirmative, the penalty proceedings against the assessee in the instant case cannot be sustained in law. The appeal is dismissed.
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