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2003 (1) TMI 235 - AT - Income TaxExtract: .......eration the totality of the facts penalty is not leviable in this case. We accordingly delete the penalty sustained by the learned CIT(A). As regards the Revenue s appeal in view of our findings in the assessee s appeal it has become infructuous and is dismissed. 12. In the result, the assessee s appeal is allowed and Revenue s appeal is dismissed.
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