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1978 (8) TMI 44 - HC - Income TaxExtract: ....... in deleting the penalty imposed on the assessee by wrongly placing the burden of proof on the department. The question referred is accordingly answered in the negative and against the assessee. There will be no order as to costs. Since the Tribunal has not dealt with the merits of the assessee s appeal, it may now do so. S. SARWAR ALI J.--I agree.
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