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1995 (3) TMI 172 - AT - Income TaxExtract: .......plicable to the instant case. That being so, benefit of the proviso to s. 272A(2) is available to the appellant. 12. In view of the above discussion, we hold that the penalty under s. 272A(2)(c) was not leviable in the case of the appellant for either of the two years. The penalties levied are, therefore, cancelled and both the appeals are allowed.
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