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2009 (7) TMI 36 - MADRAS HIGH COURTPenalty u/s 271(1)(c) – Claim of Interest u/s 132B(4) amounts of rectification u/s 154 – Held that - even going by the assessing authority's order itself, none of the basic ingredients of Section 271(1)(c) gets attracted, and therefore, the question of levy of penalty did not arise at all. – when the assessing authority, having passed its order of and the assessee is entitled for grant of interest and when the same did not find a place in the order of refund, it is nothing but a mistake apparent on the face of the record which could have been rectified either on its own motion by the assessing authority himself under Section 154(2)(a) and in the absence of any such rectification carried out, the assessee was fully entitled to invoke Section 154(2)(b) and seek for necessary rectification.
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