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2009 (2) TMI 239 - ITAT DELHI-BExtract: .......ly come in picture when this hurdle is passed. Thus, the assessment order cannot be considered as subject-matter of appeal where the appeal is time-barred and dismissed as such. Respectfully following the order of the Tribunal, we allow this appeal of the assessee and quash the penalty. 6. In the result, the appeal filed by the assessee is allowed.
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