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1983 (10) TMI 81 - ITAT BOMBAY-CExtract: ....... that the test is not whether there is a separate provision for penalty and further that the test is what is the nature of the levy, we find on our analysis that the nature of the levy is penal. Under these circumstances, we will uphold the order of the Commissioner (Appeals) and dismiss the assessee-company s appeals. 9. The appeals are dismissed.
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