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1980 (6) TMI 49 - ITAT BOMBAY-BExtract: .......ve in Even on merits, we find that it was only on the basis of unsatisfactory evidence that the penalty was levied. No contumacious or dishonest conduct can be laid successfully at the doors of the assessee. in any view of the matter therefore the penalty order cannot survive it is therefore cancelled. 16. In the result both the appeals are allowed
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