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1983 (7) TMI 75 - ITAT BOMBAY-CExtract: .......accept the contention of the assessee that interest could be levied under section 216 only when there is an under-estimate of the income and that there could be an under-estimate only when an estimate is filed. The levy of interest in the present case cannot, therefore, be sustained and is set aside. 7. In the result, the appeal is allowed in part.
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