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1979 (8) TMI 102 - ITAT HYDERABAD-AExtract: .......sessee regarding the source of investment. Department has not been able to discharge its onus to bring the case within the coils of the Expln. engrafted to s. 271(1)(c) of the Act. We, therefore, quash the order of penalty and direct the ITO to refund the amount, if collected from the assessee. 6. In the result, this appeal succeeds and is allowed.
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