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1988 (6) TMI 30 - GAUHATI HIGH COURTExtract: ....... commencing at page 439 shows that once interest is charged, penalty cannot be charged. The answer to the first question is therefore in the negative, in favour of the assessee and against the Revenue. In view of our answer to question No. (1), questions Nos. (2) and (3) do not call for an answer. The reference is disposed of accordingly. No costs.
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