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2023 (2) TMI 420 - AT - Income TaxLevy of penalty u/s 271(1)(c) - Disallowance made by the AO u/s. 35E - HELD THAT:- materials available on record including the Paper Book filed by the Assessee and the judgment passed by the Hon’ble High Court of Gujarat 2013 (11) TMI 574 - GUJARAT HIGH COURT] and consequential decision of the Co-ordinate Bench in the quantum appeal, filed by the Revenue, which was also dismissed. Since the quantum appeal of the Revenue having been dismissed and additions are deleted consequently the question of levy of penalty cannot survive. Therefore the Revenue appeal liable to be dismissed.
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