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2003 (8) TMI 558 - BOMBAY HIGH COURTExtract: .......y is not leviable in this case. We accordingly delete the penalty sustained by the learned Commissioner (Appeals). As regards the revenue's appeal in view of our findings in the assessee's appeal (supra) it has become infructuous and is dismissed. 12. In the result, the assessee's appeal is allowed and revenue's appeal is dismissed.
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