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1988 (4) TMI 32 - HC - Income TaxExtract: .......d that the order which refused to waive penalty was in proper exercise of discretion in that case and hence he refused to set aside that order also. This judgment does not apply to the present case. The petition, therefore, succeeds and the rule is made absolute in terms of prayer (a). The respondents to pay to the petitioner costs of the petition.
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