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2020 (9) TMI 92 - HC - Income TaxRecalling of the earlier decision - Same substantial question of law in two appeals of the same assessee - Levy of penalty u/s 271(1)(c) - rejection of claim of sundry creditors which were offered for taxation in the course of the assessment proceedings - concealment of Income or furnishing of inaccurate particulars of Income - HELD THAT:- Substantial question of law, which was entertained in this appeal is the first substantial question of law in [2009 (4) TMI 154 - MADRAS HIGH COURT] and it is a verbatim repetition. Since the Hon'ble Division Bench considered the entire matter and dismissed the appeal holding that no substantial question of law arose for consideration, we are not inclined to accept the submissions made by the learned counsel for the appellant - assessee. In fact, the learned counsel, who appeared in both the matters, is the same person and it is not clear as to why it was not brought to our notice by the learned counsel, when we heard [2019 (7) TMI 606 - MADRAS HIGH COURT]. Be that as it may, in the light of the above discussions, the judgment in [2019 (7) TMI 606 - MADRAS HIGH COURT] has to be recalled.
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