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1990 (10) TMI 99 - AT - Income TaxExtract: .......tive in Kedarnath s case is not applicable here because that was a cause where a false claim of loss had been made whereas here it is not doubted that the loss did occur but only the nature of the loss is in dispute. For all the above reasons, I am of the view that the penalty has been rightly cancelled by the Commissioner. The appeal is dismissed.
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