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2008 (3) TMI 109 - MADHYA PRADESH HIGH COURTPenalty imposed for non-deduction of tax at source - admittedly the assessee had deducted the TDS of ₹ 34,552 from the amount of interest credited to the account of the party, even though late – tribunal has vacated the penalty imposed by dept. - penalty imposed by the Department has already been set aside and basis of prosecution has already gone, therefore, prosecution is not sustainable - prosecution of the petitioners is quashed
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